Appeal No. 95-3455
Application 07/945,902
obviousness is:
"Evaluation of CVD WSix Film Employing SiH Cl " by 2 2
Koyama et al., published from the "Proceedings of
the 41st Symposium on Semiconductors and Integrated
Circuits Technology" in Tokyo, Japan in December
1991.
Two references relied on by the Board under 37 C.F.R.
§ 1.196(b) as evidence of obviousness are:
Price et al. (Price'343) 4,692,343 Sep. 8,
1987
Price et al. (Price'474) 4,737,474 Apr. 12, 1988
THE REJECTIONS
Claims 3 and 5 through 7 stand rejected as failing to
comply with the "written description" requirement of 35 U.S.C.
§ 112, first paragraph. Claims 3 and 5 through 7 stand
rejected as
being unpatentable under 35 U.S.C. § 103 from the disclosure
of Kume considered with Mitchell or Itoh, considered with
Hillman. We reverse.
THE REJECTION UNDER 35 U.S.C. § 112
We agree with appellants that it is difficult to
determine exactly on which section of 35 U.S.C. § 112 the
examiner has relied to reject appellants' claims. As the
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