Appeal No. 96-2940
Application 08/259,073
materials would naturally suggest the use of Jun's materials
in Hsue. The Examiner has apparently used the claimed glass
layer and polysilicon sidewall spacers as the reason for
looking for a reference with polysilicon being masked by
glass. This is hindsight. A showing of recognized
equivalence between polysilicon and silicon nitride as
sidewalls spacers and a showing of recognized equivalence
between glass and thermally formed silicon dioxide as a
masking layer would have been persuasive, but merely finding
glass and polysilicon in some semiconductor environment is
not. In our opinion, the Examiner has failed to establish a
prima facie case of obviousness. The rejection of claims 1-25
is reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
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) BOARD OF PATENT
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