Appeal No. 96-1478
Application 08/232,459
SiO layer having a thickness in the range of 0.2 µm to
2
3 µm, as taught in Kato, would be expected to inherently
have an antireflection property throughout the range. That
the material of the layer is the same is not sufficient to
establish inherency of a property where the property depends
on other factors such as thickness. There is no motivation
in Kato to select a thickness to provide an antireflection
property since optical properties are not discussed.
For the reasons discussed above, we conclude that the
examiner has failed to establish a prima facie case of
obviousness. Accordingly, the rejection of claims 1-8 and
10-15 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF
PATENT
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