Appeal No. 96-1478
Application 08/232,459
Cir. 1989). The motivation to make a specific structure "is
not abstract, but practical, and is always related to the
properties or uses one skilled in the art would expect the
[structure] to have, if made." In re Gyurik, 596 F.2d 1012,
1018, 201 USPQ 552, 557 (CCPA 1979). It appears to us that
the examiner has used the knowledge from appellants'
disclosure that SiO is antireflective as a roadmap to
2
search for a plausible reason to replace the Al O in Kato
2 3
with a SiO to provide an inherent property. Neither Kato
2
nor Iwasaki discloses using Al O or SiO layers for their2 3 2
optical properties. The optical properties are not similar
since Mr. Tomita's declaration states that Al O is
2 3
reflection enhancing and SiO is antireflective. Therefore,
2
one of ordinary skill would not have sought to combine the
references based on optical properties because they are
opposite. In our opinion, the examiner has not established
that the claimed subject matter including an antireflection
layer would have been obvious to one of ordinary skill in
the art.
Second, the examiner fails to show that a SiO layer as
2
taught by Iwasaki would be expected to inherently have an
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