Appeal No. 1999-1088
Application 08/689,867
Although we agree with the examiner’s basic position that the four references relied
upon contain analogous teachings since MacElwee teaches in a comparative sense
between prior art Figure 1 and Figure 2 of his patent the analogousness of polysilicon thin
film resistors and a somewhat similar architecture to the formation of field effect transistors
used as resistive elements, so much speculation is necessary in our view to have arrived
at the subject matter of the claimed invention that it appears to us that the examiner has
exercised prohibited hindsight in the formulation of the rejection, let alone providing
sufficient evidence to persuade us that the artisan would have found obvious the subject
matter of independent claims 27 and 30 on appeal based upon the applied prior art.
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