Ex parte INOUE et al. - Page 9




          Appeal No. 1998-0970                                                        
          Application 07/995,325                                                      

          processes in Tsunashima to achieve the disclosed benefits of                
          those processes.  Appellants do not challenge the finding that              
          Nickl and Allman meet the limitations of step g).  Those of                 
          ordinary skill in the art must be presumed to know something                
          about the art apart from what the references expressly                      
          disclose.  In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319               
          (CCPA 1962).  Thus, one of ordinary skill would not have                    
          considered Tsunashima limited to its express teachings, but                 
          would have had the skill to make modifications such as                      
          substituting known alternative processes.  The fact that                    
          Tsunashima discloses two diverse types of removal processes,                
          etching with dilute fluoric acid and argon sputtering in a                  
          vacuum, indicates that the removal process step is not                      
          critical.  Tsunashima does not disclose that the natural oxide              
          removal process should be carried out at low temperatures and,              
          thus, we find that one skilled in the art would not have been               
          led away from using a high temperature process.  The fact that              
          Allman deposits silicon nitride after cleaning, instead of a                
          doping material as in Nickl (col. 3, lines 39-43), would not                
          have discouraged one of ordinary skill in the art from using                



                                        - 9 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007