Appeal No. 1997-3695 Application No. 08/097,526 of the problem to be solved, leading inventors to look to references relating to possible solutions to that problem.” Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573, 37 USPQ2d 1626, 1630 (Fed. Cir. 1996), citing In re Rinehart, 531 F.2d 1048, 1054, 189 USPQ 143, 149 (CCPA 1976) (considering the problem to be solved in a determination of obviousness). 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 one of ordinary skill in the art who sets out to solve the problem and who had before him in his workshop the prior art, would have been reasonably expected to use the solution that is claimed by the Appellants. We find that both Nishida and Galeuchet a use selective epitaxial deposition method to form quantum dots in quantum dot sized openings etched in an epitaxy mask. Nishida and Galeuchet disclose conventional etching methods to form a small opening in the epitaxy mask where the quantum dot is to be formed rather than an epitaxy masking that provides a small 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007