Ex Parte HORTALEZA - Page 3




          Appeal No. 2001-1690                                                        
          Application 08/859,407                                                      



                    3.  Claim 5 stands rejected under 35 U.S.C. § 103 as              
          unpatentable over Mignardi in view of Trah and Glenn.                       
                    We reverse as to all three grounds of rejection.                  


                                     BACKGROUND                                       
                    The invention relates to a method of fabricating a                
          micromechanical device.  The method is particularly applicable to           
          the production of deflectable mirror devices or digital micro-              
          mirror devices (“DMD’s”).  See specification, page 7, line 30 -             
          page 8, line 3.  In general, a DMD is a multi-layered                       
          micromechanical structure formed on a wafer having a light-                 
          reflective beam or other similar mechanical member.                         
          Specification, page 3, lines 2-3.  The beam is deflected in                 
          response to electrostatic attraction toward (or to) an underlying           
          adjacent electrode which is at a different electrical potential             
          from that of the beam.  Id., lines 9-12.  Deflection of the beam            
          is facilitated by an undercut well beneath the beam which is                
          formed by etching a spacer layer of material deposited on the               
          wafer.  Id., lines 17-19.                                                   
                    A problem which occurs during the manufacture of DMD’s            
          is that debris may enter the undercut well and prevent deflection           

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