Appeal No. 2001-0607
Application No. 09/244,429
of silicon-based layers and has a thickness of no greater than
about 800 D.
The examiner relies on the following references:
Gluck et al. 4,923,828 May 08, 1990
Yoshimi et al. 5,290,721 Mar. 01, 1994
Prall et al. 5,345,104 Sep. 06, 1994
Yang et al. 5,973,353 Oct. 26, 1999
(filed Dec. 18, 1997)
The examiner also relies on admitted prior art [APA]
depicted in Figure 2 of the instant application.
Claims 18-20, 22, 24 and 25 stand rejected under 35 U.S.C.
103 as unpatentable over Yoshimi in view of Prall and Gluck.
Claims 18-20 and 22-25 also stand rejected under 35 U.S.C.
103 as unpatentable over Yoshimi in view of APA and Gluck.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
We REVERSE.
The proper inquiry for obviousness should not be limited to
the specific structure shown by the reference(s) but should be
into the concepts fairly contained therein. The overriding
-3–
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