Appeal No. 1998-2761
Application No. 08/586,587
spacer, the role of the spacer is entirely different from that
of the side wall (spacer) in the claimed device.
Specifically, in Lin, the silicon nitride spacer is said to
increase the vertical electric field above the LDD (lightly
doped drain) region around the electrode of an FET (field
effect transistor); and in Nishioka, the silicon nitride
spacer 40 is used in the construction of an FET. There is no
teaching or suggestion in any applied reference to use silicon
nitride as a side wall in an interconnect member such as 30 of
Jones. The Federal Circuit has stated that "[t]he mere fact
that the prior art may be modified in the manner suggested by
the Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). "Obviousness may not be
established using hindsight or in view of the teachings or
suggestions of the inventor." Para-Ordnance Mfg., Inc. v. SGS
Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,
1239 (Fed. Cir. 1995), citing W. L. Gore & Assocs. v.
Garlock, Inc., 721 F.2d at 1551, 1553, 220 USPQ at 311, 312-13
8
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