Ex parte DOUGLAS et al. - Page 4





            Appeal No. 1998-2401                                                      
            Application 08/286,106                                                    

            to one of ordinary skill in the art.  See In re Rinehart, 531             
            F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976).                           







            I. The 35 U.S.C. § 103 rejection of claims 1, 4-7, 10-12 and              
                 17-19 over Ehrlich and Jelks                                         

                 The examiner states that it would have been obvious to one           
            having ordinary skill in the art to use the build-up layer                
            pattern disclosed in Ehrlich, as an etch mask, because Jelks              
            teaches that metal etch mask patterns can be formed by direct             
            writing, and Ehrlich’s method is one such direct writing method.          
            (answer, page 4).                                                         
                 The examiner further states that it would have been obvious          
            to have substituted Ehrlich’s method of direct writing in the             
            method of Jelks, and Ehrlich’s method offers the advantages of            
            maskless film growth (these advantages being that Ehrlich’s               
            method allows the separation of the delineation phase of the              
            film formation from the growth phase, and, as a result, to use            
            separate sources for production of the atom flux in the two               
            phases). (answer, pages 4-5).                                             
                 The examiner emphasizes that Ehrlich can be used in                  
            combination with Jelks for teaching another method of forming             
            build-up layer etch masks. (answer, page 10).  The examiner               
            further emphasizes that Jelks and Ehrlich have in common the              
            fact that they both form build-up layers. (answer, page 10).              



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