Ex Parte Rabolt et al - Page 5

                Appeal 2007-0619                                                                                
                Application 10/178,008                                                                          

                       … In one embodiment, injection molding is used to produce                                
                       new substrates having the same recessed pattern as the master.                           
                       The new substrate is typically formed out of plastic or glass                            
                       although other moldable materials…are suitable.  Finally, a                              
                       series of layers is applied to the new substrate (step 150).                             
                       These layers provide the desired electrical properties of the                            
                       microelectronic device.                                                                  
                             FIG. 2A is a top view of a portion of a substrate 200                              
                       having a microscopic recessed pattern constructed in                                     
                       accordance with the present invention.  Typically, feature sizes                         
                       will range from hundreds of nanometers to microns, but larger                            
                       and smaller features are possible….Substrate 200 can be                                  
                       formed from the master by injection molding or itself could be                           
                       the master used to create the form…                                                      
                5. Shepard teaches that its injection molding technique is taught to be                         
                more economical than a lithography technique for patterning, such as that                       
                employed in preparing the mold surface (stamp master) exemplified in                            
                Kumar (col. 1, ll. 15-40).                                                                      

                VI.  PRINCIPLES OF LAW                                                                          
                       Under 35 U.S.C. §103,  the obviousness of an invention cannot be                         
                established by combining the teachings of the prior art references absent                       
                some teaching, suggestion or incentive supporting the combination.                              
                ACS Hospital Systems, Inc. v. Montefiore Hospital, 732 F.2d 1572, 1577,                         
                221 USPQ 929, 933 (Fed. Cir. 1984).  This does not mean that the cited                          
                prior art references must specifically suggest making the combination.                          
                B.F. Goodrich Co. v. Aircraft Braking Systems Corp., 72 F.3d 1577, 1582,                        
                37 USPQ2d 1314, 1318 (Fed. Cir. 1996); In re Nilssen, 851 F.2d 1401,                            
                1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988).  Rather, the test for                               


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