Appeal No. 1996-0189
Application No. 08/054,200
containing layer having a planar surface which closes the hole
structures without filling their lower regions. In the
absence of such teaching or sugges-tion in the applied prior
art and a total lack of motivation for one of ordinary skill
in the art to perform the claimed process in view of the
teachings of the prior art, we find that the examiner's
rejections lack the requisite factual basis for supporting a
conclusion of obviousness. In re Warner, 379 F.2d 1011, 1017,
154 USPQ 173, 177-78 (CCPA 1967). At best, the prior art of
record, including appellants' acknowledged state of the art,
might make it obvious to try to close, without filling, the
hole structures of a substrate by sputtering an aluminum-
containing layer which has a planar surface. Manifestly,
obvious to try is not a proper standard for establishing
obviousness under 35 U.S.C. § 103.
In conclusion, based on the foregoing, we are constrained
to reverse the examiner's rejections.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
-5-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007