Ex parte KAWAMURA et al. - Page 5




          Appeal No. 96-1478                                                          
          Application 08/232,459                                                      

          inorganic material film 5, these materials are preferably                   
          formed to have a thickness of 0.05 micrometer or less or a                  
          thickness of 0.5 micrometer or more, respectively." (Col. 5,                
          line 65 to col. 6, line 2.)                                                 
               The examiner finds that "[t]he Iwasaki reference                       
          discloses the equivalence of the Al O  and SiO  layers for2 3       2                              
          the purpose of protection, not (anti)reflection" (EA6).  The                
          examiner concludes that "[i]t would have been obvious to one                
          having ordinary skill in the art that the silicon dioxide                   
          film of Iwasaki could replace the aluminum oxide film of                    
          Kato since Iwasaki discloses their equivalence" (EA3).  The                 
          examiner states that "[a]n inherent feature resulting from                  
          providing this SiO  layer would be the antireflection                       
                            2                                                         
          property" (EA6).                                                            
               Appellants argue that "Kato specifically discloses only                
          the utilization of Al O  film and only protective purposes                  
                               23                                                     
          without any suggestion regarding antireflection properties"                 
          (emphasis omitted) (Br11).  Appellants refer to the                         
          declaration of Mr. Yoshifumi Tomita, which describes that                   
          Al O  functions as a reflection-enhancing film, whereas SiO2 3                                                   2                 
          functions as an antireflection film (Br13).  The examiner                   

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