Appeal No. 96-0633
Application 07/971,041
in this figure of Ishii has not been filled with any material
required by the initial part of the filling layer clause of
claim 11 on appeal. The translation at page 12 of Ishii
relating to the figure 4 embodiment indicates that the “second
groove (8) is not concealed by the second wiring film (10)
formed in the second insulation film (6).” This appears to be
a translation misstatement in relying upon the use of the word
“concealed” where, according to the figure itself, the second
groove is not filled by a second wiring film 10.
In any case, we find the secondary references to Asano
and Esquivel not to have suggested to the artisan the concept
of filling the second groove 8 in the figure 4 version of
Ishii as argued by the examiner. The examiner’s rationales
expressed best at the top of pages 4 and 5 of the statement of
the rejection portion of the answer essentially are conclusory
and not reasoned out. The responsive arguments portion of the
answer beginning at page 5 of the answer does not also
otherwise persuade us of the obviousness of the subject matter
of claim 11 on appeal in light of the additional teachings of
Asano and Esquivel respectively. As such, we reverse the
10
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