Appeal No. 1998-3021
Application No. 08/788,313
film to form a porous silicon aerogel film for use as an
infrared detector substrate.” Based upon the teachings of
Hrubesh, the examiner concludes (Final rejection, page 3) that
“it would have been obvious to combine the process of Hrubesh
with the process of Robinson because the silicon aerogel film
of Hrubesh possesses dielectric and infrared absorbing
properties taught as desirable by Robinson.”
We agree with the examiner that Hrubesh teaches (page
195) the use of aerogel films in applications involving
thermal detectors. On the other hand, we have problems with
the examiner’s lack of an explanation as to where the aerogel
film would be used in the Robinson thermal detector. At what
stage of the processing of the Robinson thermal detector would
the aerogel film be used? Would the aerogel be used in lieu
of the optical coating 38, or would it be used in addition to
the optical coating 38? Inasmuch as Hrubesh questions the
use of aerogel films on metal surfaces (pages 197 and 198), we
find that the appellants have raised a valid question as to
why the skilled artisan would place the precursor film taught
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