Ex parte OLSON - Page 9




          Appeal No. 2000-0049                                                        
          Application 08/826,209                                                      


          have been obvious to one of ordinary skill in the art over                  
          Okamura in view of the appellant’s admitted prior art                       
          regarding biased nucleation chemical vapor deposition                       
          (specification, page 13, lines 1-7).4                                       
                                      DECISION                                        
               The rejections under 35 U.S.C. § 103 of claims 1, 2, 5-9,              
          12, 18 and 19 over Okamura in view of Taniguchi, and claims 3               
          and 10 over Okamura in view of Taniguchi and the admitted                   
          prior art, are reversed.  The application is remanded to the                
          examiner.                                                                   
                                REVERSED and REMANDED                                 









                         TERRY J. OWENS                     )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              


               The examiner also should consider whether the appellant’s claim 7 provides adequate4                                                                     
          antecedent basis for “said step of depositing said first layer” in claim 19.
                                          9                                           





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