Appeal No. 1999-1647
Application 08/934,088
'synergistic effect' thereof (assured favorable optical
response and high speed operation)" (RBr4).
The specification states that the inventive device
satisfies four requirements including "(3) a favorable optical
response is assured, and is capable of high speed operation"
(specification, p. 5). The specification does not expressly
state that these properties are due to the relative
thicknesses of the gate insulating film, but we assume the
properties flow from the gate insulating film thicknesses
because the specification states that different thicknesses of
gate insulating films allow for optimum electric
characteristics. Since no specific criteria are described for
the gate insulating film of the image sensor versus that for
the driver element, this suggests that knowledge of the
thicknesses for optimum electrical characteristics is within
the knowledge of those of ordinary skill in the art.
Nevertheless, Appellants argue that the limitation of the gate
insulating film of the image sensor element being thicker than
the gate insulating film of the driver element is their
invention and it is not taught or suggested by the combination
of Wieder and Tasch. Therefore, it is the Examiner's burden
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