Appeal No. 96-0348
Application 08/145,268
reference teachings would appear to be sufficient for one of
ordinary skill in the relevant art having the reference before
him to make the proposed substitution, combination or
modification.
As is evident by the examiner’s admission, Tashiro does not
describe or suggest the doping of the polysilicon pillar.
Rather the examiner has asked us, without the production of any
evidence, to take notice of the existence and truth of the
examiner's assertion that "it is well known in the art to dope
polysilicon and that does not change or effect thermal
conductivity" and thereafter to find that it would have been
obvious to dope the conductive pillar of Tashiro. We decline to
take such notice, where as here, the facts requested to be
noticed are not of the type our reviewing court indicated to be
proper for facts to be judicially noticed. See In re Boon, 439
F.2d 724, 727, 169 USPQ 231, 234 (CCPA 1971); citing In re
Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420-21 (CCPA 1970).
The decision of the examiner is reversed.
REVERSED
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