Appeal No. 95-4761
Application No. 08/012,781
prevented from forming in the Ge epitaxial layer. After
careful review of Appellants' arguments and the Soga and Luryi
references, we agree with Appellants that no teaching exists
in the references that would support the desirability of
modifying the disclosed grid sizes to achieve Appellants' 10
µm value. The mere fact that the prior art may be modified in
the manner suggested by the Examiner does not make the
modification obvious unless the prior art suggested the
desirability of the modification. In re Fritsch, 972 F.2d
1260, 1266, 23 USPQ2d 1780, 1783-84 (Fed. Cir. 1992).
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