Appeal 2006-2730
Application 10/415,631
As is well known in the art, reactive ion etching involves forming
etched grooves in a substrate using high-energy ions from a chemically-
reactive plasma. Such high-precision etching methods typically form
smooth sidewalls that are perpendicular to the substrate.2 Given the ability
of reactive ion etching to form smooth, perpendicular grooves in a substrate
with precision, and (2) Pelrine’s teaching that the polymer’s textured surface
can have any non-uniform or non-smooth surface topography as the
Examiner indicates, we see no reason why the skilled artisan would not
utilize Pelrine’s reactive ion etching method to form a waved area with a
rectangular profile.
For at least this reason, we will sustain the Examiner’s rejections of
claim 17. Since Appellants have not separately argued the patentability of
dependent claim 18 with particularity, it falls with claim 17. See In re
Nielson, 816 F.2d at 1572, 2 USPQ2d at 1528. See also 37 C.F.R.
§ 41.37(c)(1)(vii).
DECISION
In summary, we have sustained the Examiner's rejections with respect
to all claims on appeal. Therefore, the decision of the Examiner rejecting
claims 11-18, 21, and 22 is affirmed.
2 See U.S. Patent No. 4,925,813, at Figs. 1a-1f; col. 3, ll. 1-8 (noting object
of manufacturing method using reactive ion etching step is to obtain
“etching edges which are smooth and perfectly perpendicular to the
substrate”); see also U.S. Patent No. 3,994,793, at col. 3, ll. 59-69 (noting
that “nearly vertical etch steps are achieved” with reactive ion etching); id. at
Fig. 2 and col. 6, ll. 5-6 (referring to the vertical sidewalls of strips 58 in Fig.
2).
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