Ex Parte EVANS - Page 16



          Appeal No. 2005-1220                                                        
          Application No. 09/270,606                                Page 16           

          the electrical conductivity thereof and only selectively removes            
          same; that is, removes portions thereof.  See column 27, lines 5-           
          11 of Kodera.  Also, Kodera employs the amorphous silicon film              
          233A to form another insulating layer therefrom.  See column 30,            
          lines 15-19 of Kodera.  Consequently, Kodera also reasonably                
          appears to suggest the process of representative claim 17 in                
          those other embodiments, as seemingly acknowledged by appellant             
          but for the dummy structure argument, which we do not find                  
          persuasive.                                                                 
               Concerning claim 15, appellant maintains that the combined             
          references’ teachings would not suggest using ethylene glycol for           
          the purposes identified by appellant.  However, for reasons                 
          discussed above, the collective teachings of the references do              
          suggest using ethylene glycol in the polishing slurry of Kodera             
          as a dispersing agent and appellant has not persuasively rebutted           
          that position of the examiner.  As noted above, the rationale               
          provided by the collective teachings of the applied references              
          for making a particular modification of a reference need not be             
          the same as that disclosed by appellant for the modification to             
          be obvious within the meaning of § 103.                                     
               Finally, with regard to claim 20, appellant presents a                 
          similar argument regarding the obviousness of adding ethylene               
          glycol to the slurry of Kodera.  For the reasons advanced above,            




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007