Appeal No. 1998-0077
Application No. 08/247,910
suggestions of the inventor." Para-Ordnance, 73 F.3d at 1087,
37 USPQ2d at 1239,
citing W. L. Gore & Assocs., 721 F.2d at 1553, 220 USPQ at
312-13.
Upon a review of the references relied upon by the
Examiner, we fail to find any suggestion or reason to etch the
polysilicon layer to form a resistor body and contacts
after removing a portion of the insulating layer in order to
expose those contacts. To the contrary, we find that the Ning
teaching would have led those skilled in the art to etch the
polysilicon layer before etching the insulating layer above.
None of the other references relied upon by the Examiner
suggest the desirability of forming an integrated circuit by
performing these steps in the order claimed. The Examiner's
bald assertion that a "mere reversal of order of steps"
renders the claimed invention obvious cannot stand, absent a
suggestion of the desirability of so reversing in the prior
art. Therefore, we will not sustain the rejection of claims
21-27, 29, 30, 32-40, 43 and 44 under
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