Appeal No. 1998-2329
Application No. 08/740,402
Leedy for the mask material of Bohlen if the stresses were
already offset by the deposited layers. See In re Dembiczak,
175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed. Cir. 1999).
For the foregoing reasons, we determine that the examiner
has not presented a sufficient factual basis to support a prima
facie case of obviousness. Accordingly, the examiner’s
rejections under 35 U.S.C. § 103 are reversed.
C. Summary
The rejection of claims 1-5 under 35 U.S.C. § 112, first
paragraph, is reversed. The rejection of claims 1-9 and 19
under 35 U.S.C. § 103 over Bohlen in view of Leedy is reversed.
The rejection of claims 1-9 and 19 under 35 U.S.C. § 103 over
Tabuchi in view of Leedy is reversed.
The decision of the examiner is reversed.
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