Appeal No. 1997-3489
Application No. 08/430,467
surface having adequate contrast to view . . . the protruding
ends of aluminum spikes from an aluminum containing
metallization layer which has spiked into the silicon
substrate.”
Notwithstanding our agreement with the examiner
concerning the individual teachings of the references, we,
nevertheless, agree with appellant’s arguments concerning the
lack of motivation to combine the teachings of the references,
and the lack of a teaching in the references to etch the
surface of the silicon substrate until the surface turns gray
in color to thereby observe aluminum spiking. There is no
evidence in the record to support the examiner’s conclusion
(Answer, page 6) that “[u]pon removal of the silicon dioxide
layer it would have been inherent that the color of the
substrate turned gray when the oxide was removed since silicon
is gray.”
In summary, the obviousness rejection of claims 1, 4
through 6, 9, 10, 12, 14 and 15 is reversed because the
examiner has not demonstrated the prima facie obviousness of
the claimed invention.
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