Appeal No. 2000-1082 8
Application No. 08/727,303
ordinary skill in the art to have deposited one or more additional layers of materials
subsequent to the deposition of the first layer based upon the teachings and suggestion of
Dobson and our findings and analysis supra.
Other Matters
In the event of further prosecution, the examiner should consider a rejection of the
claims over Dobson ‘344 having a publication date of December 02, 1992, which is
available under § 102(b). The examiner should also consider a rejection over Dobson
‘289, issued August 1999 with antecedent basis to Dobson ‘344 of record.
DECISION
The rejection of claims 1 through 15 under 35 U.S.C. § 112, first paragraph as
containing subject matter which was not described in the specification in such a way as to
enable one skill in the art to which it pertains, or with which it is most nearly connected to
make and/or use the invention is reversed.
The rejection of claims 1, and 9 through 15 under 35 U.S.C. § 102(a) as
anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as being unpatentable over
Dobson under 35 U.S.C. § 103(a) is affirmed.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may
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