Appeal No. 1998-2948
Application 08/400,861
Appellants argue that it is improper for the Examiner to
use the fact against them that two of the aluminum alloy
examples in Kiyota, Al-Fe and Al-Co, are disclosed as
inventive examples by Appellants in Tables 1 and 2 on pages 13
and 17 of the specification (2SRBr2-3).
We agree that Appellants' disclosure of Al-Fe and Al-Co,
as part of their invention originally, cannot be used as
evidence of obviousness.
Appellants argue that Kiyota equates all thickness
between 0.1 and 1 micron, and does not realize, as Appellants
have shown, that a thickness range of 200 Å or more is
superior for an interconnect/electrode film made of anodic-
oxidized aluminum/rare earth element alloy (2dSRBr3).
This range of 200 Å or more (claims 1 and 4) or, more
particularly, 500 Å or more (claims 3 and 6) is hardly a
critical range that distinguishes over the range of 0.1 to
1 µm (1000 Å to 10000 Å) in Kiyota. Appellants' range covers
all of the range in Kiyota.
Conclusion
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