Appeal No. 1997-3635
Application No. 08/498,357
references is derived from the need for avoiding native oxide
formation and its removal in order to reduce the number of
processing steps. The Examiner further argues that since
Japan '414 teaches the benefits associated with absence of
oxygen during process steps, one of ordinary skill in the art
would have combined the references to avoid exposure to oxygen
in Yu’s process. Additionally, the Examiner asserts that,
similar to arguments made with regard to Wong, the resistance
of the metallization layer of Yu would not be increased by
depositing the silicon layer.
The Federal Circuit states that “[t]he mere fact that the
prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification.” In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). The Federal Circuit
reasons in Para-Ordnance Mfg. Inc. v. SGS Importers Int’l
Inc., 73 F.3d 1085, 1088-89, 37 USPQ2d 1237, 1239-40 (Fed.
Cir. 1995), cert. denied, 519 U.S. 822 (1996), that for the
determination of obviousness, the court must answer whether
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