Appeal No. 1996-1431
Application 08/087,140
USPQ 1125, 1127 (Fed. Cir. 1984). The examiner has not pointed
to any teachings within the applied prior art which supports the
three different oxide layers as recited in claim 76. Therefore,
we do not sustain the rejection of claims 76-84.
With respect to representative, dependent claim 85, since
this claim depends from claim 76 as discussed above, the examiner
clearly has failed to demonstrate the obviousness of such
dependent claims. We also note that the examiner has completely
failed to address the limitations of claim 85 or to respond to
appellants’ arguments that the examiner has ignored the
limitations of this claim. The examiner’s failure to address on
this record the specific limitations of claims 85-94 constitutes
a complete failure to establish a prima facie case of the
obviousness of these claims. Therefore, we also do not sustain
the rejection of claims 85-94.
In summary, we have not sustained the examiner’s
rejection of claims 76-94. Therefore, the decision of the
examiner rejecting claims 76-94 is reversed.
REVERSED
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