Ex parte TAKASU et al. - Page 4







             Appeal No. 1999-1088                                                                               
             Application 08/689,867                                                                             



             electric conductors, the plurality of polysilicon thin film resistors in series with the           
             respective first conductive means, and the plurality of first connecting means "so that each       
             of said first electric conductors is at the same potential as the respective one of said           
             resistors."                                                                                        
                   If we assume for the sake of argument that the examiner’s rejection is proper within         
             35 U.S.C. §103 and that the references are properly combinable with each other within 35           
             U.S.C. §103, we have concluded that the subject matter of independent claims 27 and 30             
             on appeal would not have been met or achieved.  The claimed interconnectability of the             
             recited elements noted in the preceding paragraph so that they would be at the same                
             electric potential would not have been achieved since the combined teachings of the                
             references relied upon either achieved interconnectability to a common potential of                
             overlying or underlying conductors with respect to polysilicon thin film resistors, but not        
             necessarily both.                                                                                  
                   Our basic problem, however, with the examiner’s position is that we do not agree             
             with the examiner that a prima facie case of obviousness has been established by the               
             applied prior art.  The relevance of Mead to the claimed invention is hard to see until we         
             consider the teachings of MacElwee which indicates in prior art Figure 1 that polysilicon          


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