Appeal No. 2000-1058 Page 3
Application No. 08/673,972
Boswell 4,810,935 Mar. 07,
1989
Campbell et al. (Campbell) 4,990,229 Feb. 05,
1991
Coburn, “Increasing the Etch Rate ratio of SiO /Si in
2
Fluorocarbon Plasma Etching,” IBM Technical Disclosure
Bulletin, Vol. 19, No. 10, March, 1977.
Claims 10-18 and 21-28 stand rejected under 35 U.S.C. §
103 as being unpatentable over either Coburn or Douglas.
Claims 10-28 stand rejected under 35 U.S.C. § 103 as being
unpatentable over either Coburn or Douglas each in view of
Campbell or Boswell, and Tsuchimoto.
We refer to appellants’ brief and the answer for a
complete exposition of the opposing viewpoints of appellants
and the examiner concerning the rejections before us.
OPINION
Upon careful review of the entire record including the
respective positions advanced by appellants and the examiner,
we find ourselves in agreement with appellants since the
examiner has failed to carry the burden of establishing a
prima facie case of obviousness. See In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992); In re
Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788
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