Appeal No. 96-1669
Application 08/054,125
made of AlSiN. The Examiner argues that it would have been
obvious to one of ordinary skill in the art to substitute the
moisture proof film consisting of SiAlON, SiN, etc. of Ohta
with a moisture proof film consisting of AlSiN. The Examiner
provides a rationale that it would be a matter of routine
engineering skill to make this substitution and to achieve the
product of the moisture proof film thickness and its relativ-
ity with its respective refractive index equal to 42
nanometers or less. We note that the Examiner does not
provide any further evidence for this rationale. On pages 7
and 8 of the answer, the Examiner argues that the declaration
is given very little weight because it does not compare
AlSiON, which is one of the materials disclosed in Ohta, with
AlSiN, the Appellants' compound.
We are not inclined to dispense with proof by
evidence when the proposition at issue is not supported by a
teaching in a
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