Appeal No. 2000-0038
Application 08/751,369
(brief, page 15).1 Heming, therefore, would have fairly
suggested, to one of ordinary skill in the art, forming the
waveguide layer by reactive DC sputtering. Because Heming does
not limit the disclosed waveguide layer formation methods to any
particular disclosed substrate material, the reference would have
fairly suggested, to one of ordinary skill in the art, using any
of the disclosed waveguide layer formation methods in combination
with any of the disclosed substrate materials. For this reason
and because ion-enhanced PVD is one of only three exemplified
types of deposition methods (col. 6, lines 16-18), and synthetic
resins are one of only two disclosed types of substrate materials
(col. 3, lines 24-25), Heming would have fairly suggested, to one
of ordinary skill in the art, using a synthetic resin substrate
in combination with waveguide layer formation by ion-enhanced
PVD.
The appellants argue that Heming prefers to deposit the
waveguide layer by PCVD, especially PICVD (col. 12, lines 61-63),
and that in Heming’s examples, only microwave PICVD is used
1 It is axiomatic that our consideration of the prior art
must, of necessity, include consideration of the admitted prior
art. See In re Hedges, 783 F.2d 1038, 1039-40, 228 USPQ 685, 686
(Fed. Cir. 1986); In re Davis, 305 F.2d 501, 503, 134 USPQ 256,
258 (CCPA 1962).
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