Appeal No. 1996-2246
Application No. 08/052,910
rejection (Answer, pages 3-5), however, that the primary
reference relied on for teaching via hole formation is Ogura.
In Ogura, etching of active regions during via hole formation
is prevented by the etch stop created by the patterned silicon
layer 144 (Ogura, column 11, lines 55-68 and Figure 16e).
Komatsu is relied on by the Examiner solely for the teaching
of patterning the silicon layer 144 of Ogura by a selective
doping technique. In our view, the fact that Komatsu’s
process of forming silicon patterns may result in etching of
active regions is of no moment since the combination with
Ogura clearly results in a via hole formation with no etching
of active areas as a result of Ogura’s clear teaching of a
silicon layer etch stop. One cannot show nonobviousness by
attacking references individually where the rejections are
based on combinations of references. In re Keller, 642 F. 2d
413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.
2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
We find Appellants’ remarks with respect to the Ueno
reference to be similarly deficient. As discussed previously,
Ueno was cited by the Examiner solely to provide a teaching of
the obviousness of utilizing an amorphous silicon layer
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