Appeal No. 95-2914 Page 5
Application No. 07/447,969
as to obtain a leakage current of less than about 10
nanoamperes at 5.5 volts at the amorphous silicon feature as
required by all of the appealed claims (answer, page 4).
According to the examiner, a skilled artisan would inherently
or obviously have arrived at the claimed leakage value and
depositing conditions by using the deposition parameters and
conditions of any of Ovshinsky I, Ovshinsky II, or Kanai for
preparing the amorphous silicon feature in the process of
either Holmberg patent (answer, page 5). However, the
examiner has not furnished an adequate basis in fact and/or
technical reasoning to reasonably support the conclusion that
the claimed current leakage would have necessarily flowed from
the combined teachings of the applied
prior art references. See Ex parte Levy, 17 USPQ2d 1461, 1464
(Bd. Pat. App. & Int. 1990). In this regard, we note that the
examiner has not satisfactorily explained how the teaching of
an off resistance of 10,000 to 1,000,000 ohms for the cell in
either Holmberg I or II (column 4, of each) would have
necessarily or obviously suggested a current leakage for the
amorphous silicon feature as low as provided for in the
appealed claims based on the present record. Moreover, as
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