Appeal No. 1998-0856
Application 08/486,022
(Abstract). The filter is deposited directly on the photodetector array by a low temperature deposition
process. (Abstract). The optical filter being deposited directly thereon substantially eliminates stray
and background optical signals from being detected by the photodetector. (Col. 3, lines 12-16).
Without the filter, the detector would detect background radiation at wavelengths ranging from that of
room temperature optics out to a wavelength of about 14 µm. (Col. 8, lines 14-18).
The Rejection of Claims 1-2, 6-7, 11-12 and 16-18 over Schlar in view of LaBaw
The examiner has rejected claims 1-2, 6-7, 11-12 and 16-18 as unpatentable under 35 U.S.C.
§ 103 over Schlar in view of LaBaw. According to the examiner, Schlar discloses a thermoelectric
infrared detector array. The array is formed by depositing an insulating layer on a substrate and
depositing the thermopiles on the insulating layer. The substrate is then etched or laser drilled beneath
the thermopiles. The examiner recognizes, however, that Schlar does not disclose that the insulating
layer acts as a filter. To remedy this deficiency, the examiner cites LaBaw for its teaching of forming a
multi-layer film filter on a photodetector array that varies in transmission frequency with respect to
position. From Schlar and LaBaw, the examiner concludes that it would have been obvious to one
skilled in the art to use the filter of LaBaw in place of the insulating substrate of Schlar in order to filter
unwanted wavelengths and enable each thermopile to detect specific infrared wavelengths. (Examiner’s
Answer, pages 4-5).
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