Appeal No. 1998-2401
Application 08/286,106
In view of the above summary of the examiner's position,
it appears to us that one of the examiner’s reasons for
combining the references is the fact that each of Ehrlich and
Jelks form build-up layers. We find that such reasoning is
insufficient. That is, the mere fact that each reference
(Ehrlich and Jelks) grows build-up layers does not imply that
one of ordinary skill in the art would have been motivated to
incorporate the method of building up a layer as set forth in
Ehrlich into the process set forth in Jelks. Indeed, as pointed
out by appellants on page 4 of their brief, Ehrlich is directed
to a method for growing patterned films without masks. This
begs the question of why one of ordinary skill in the art would
have been motivated to use the method of Ehrlich (maskless) in
Jelk's method (which involves use of masks).
We note that on page 11 of the answer, the examiner states
that both Ehrlich's method and appellants' method form patterned
thin films without the use of masks, and that there is no
disclosure by Ehrlich that teaches that once the patterned thin
films are formed, they cannot then be used as masks. Our
comments follow.
We find that Ehrlich's disclosure is silent as to what
steps, if any, specifically occur after the patterned films are
formed. We note that Ehrlich is directed to maskless film
growth of patterned films. See column 1, lines 14 and 15 and
lines 55-59 of Ehrlich. We also note that Ehrlich discloses
that the disclosed invention may be used (1) for metallization
of integrated chip patterns and contacts for photovoltaic solar
cells, (2) to deposit catalysts in patterns, and (3) to deposit
dopants in patterns. See column 5, lines 26-36 of Ehrlich.
However, this disclosure at column 5, lines 26-36 is silent as
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