Ex parte PENN et al. - Page 12




          Appeal No. 1997-1380                                                        
          Application 08/301,508                                                      


          that it would have been obvious to a person having ordinary                 
          skill in the art in view of Pomerantz to provide the method                 
          disclosed by Helinski with a planarizing step as broadly                    
          recited in claim 14 is well taken.  Pomerantz’s disclosure of               
          using machining unit 590 to trim the top surface of layer 550               
          to a precise flat uniform thickness would have furnished the                
          artisan with ample motivation or suggestion for the proposed                
          modification of the Helinski method.  Therefore, we shall                   
          sustain the standing 35 U.S.C. § 103 rejection of claim 14 as               
          being unpatentable over Helinski in view of Pomerantz.                      


               Claim 15 depends from claim 14 and further defines the                 
          planarizing step as being performed during the moving step                  
          (recited in parent claim 13) in a spaced apart relationship                 
          relative to the first jet and the dispenser.  There is simply               
          nothing in the combined teachings of Helinski and Pomerantz                 
          which would have suggested performing the planarizing step                  
          during this                                                                 
          time.  Thus, we shall not sustain the standing 35 U.S.C. § 103              




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