Ex parte SATO et al. - Page 11




          Appeal No. 95-1009                                                          
          Application 07/858,632                                                      


          disclosed.  The examiner concludes that “polishing is a form                
          of grinding and/or etching, and would have been an obvious                  
          choice for the known manner [of planarizing] of Olmer.”                     
          (answer, page 4).  Appellants argue that “Olmer fails to teach              
          the techniques of the present invention, whereby the                        
          semiconductor substrate is leveled over its entire surface.”                
          (brief, page 3).                                                            
               However, it is clear that Olmer teaches planarization                  
          whereby the semiconductor substrate is leveled over its entire              
          surface (see Figure 4 and column 5, line 62-column 6, line 5).              
          Appellants admit that it is known to accomplish smoothing by                
          using various polishing techniques (specification, page 1).                 
          In fact, appellants’ definition of “polishing” is broad enough              
          to include the grinding or etching of Olmer (see the                        
          specification, pages 1 and 2).  Accordingly, it would have                  
          been well within the ordinary skill in the art to use                       
          polishing to accomplish the planarization of Olmer.                         
               For the foregoing reasons, the rejection of claims 1, 2                
          and 4 under § 103 as unpatentable over Olmer is affirmed.                   




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