Appeal No. 95-4966
Application No. 08/072,182
The examiner also cites Perrotta, column 3, line 39, (see the
Answer, pages 6-7) for the following disclosure:
Other methods may be difficult to classify. For
example, U.S. Pat. No. 3,011,870 may be an example
of the Gas Phase Method or the Gas-Liquid-Solid Method.
We do not find, on this record, that the examiner has
shown that the prior art, as a whole, would have suggested the
desirability of making the combination as proposed by the
examiner. The examiner has not shown on this record why one
of ordinary skill in the art would have used the deposition
and vacuum annealing process of Debe in place of the numerous
methods disclosed by Perrotta (see Perrotta, column 3, lines
14-47). The examiner has not cited any evidence that the
method of Debe falls within the specific methods taught by
Perrotta. We find that a plain reading of the examiner’s
evidence cited from Perrotta is insufficient to establish a
suggestion that any other method of depositing microstructures
on a substrate (such as disclosed by Debe) could be
substituted for the methods taught by Perrotta.
Furthermore, the filaments of Perrotta are in a
“direction other than perpendicular to the substrate” (column
2, lines 52-54, and claim 1) while the microstructures of Debe
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