Appeal No. 1997-3668
Application 08/395,228
Murakami requires a semi-conductive substrate to have diffused
resistors and terminals. This semi-conductive substrate also
serves as a flexible beam. Burger, on the other hand, has a
thin, organic foil, which is glued to an elastically
deformable spring element and provides vapor deposited
resistors and terminals. Any modification of Burger by the
teachings of Murakami would amount to something totally
foreign to Burger. The foil and elastically deformable spring
of Burger would have to be replaced with a semi-conductive
substrate, replacing beyond recognition, the initial structure
of Burger. We find no teaching or suggestion in either
reference, or as a whole to one of ordinary skill in the art,
to convert Burger’s thin film technology to the semi-conductor
diffusion technology of Murakami.
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
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