Appeal No. 97-4091
Application 08/382,701
prior art, or by implications contained in such teachings or
suggestions. In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6
(Fed. Cir. 1983). Here, the examiner has not explained why one
with ordinary skill in the art would have wanted to replicate
layers 14-17, together with electrodes 19a" and 19b", and to
place the duplicated structure on top of the already existing
SiO layer 17.
2
The examiner relied on Yamazaki only for its suggestion of
using silver as the material for metal wiring. That does not
make up for the deficiencies of Yonezawa as discussed above.
For the foregoing reasons, we do not sustain the rejection
of claims 1-15 as being unpatentable over Yonezawa and Yamazaki.
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