Appeal No. 2001-0777
Application No. 09/652,893 Page 5
islands during the application of the scanning electron beam.
Yamaguchi (column 11, lines 8-21) discloses the use of CVD
material and ion bombardment for filling grooves formed in
superlattices and Yamaguchi (column 12, lines 20-33) further
suggests that a scanning electron beam can be used for annealing.
Livesay is directed to the use of a wide and large electron beam
for purposes of shadow mask lithography, resist sensitivity
measurement, lift off processing, resist curing and other
lithography, testing and inspection applications. See, e.g., the
abstract and column 8, lines 1-5 of Livesay. According to the
examiner, it would have been obvious to one of ordinary skill in
the art to employ the CVD technique of Yamaguchi and the large
electron beam of Livesay in the methods of Japanese patent
abstract of 58-151517 and Yoshii so as to arrive at the claimed
subject matter.
However, in order for a prima facie case of obviousness of
the claimed invention to be established, the prior art as applied
must be such that it would have provided one of ordinary skill in
the art with both a suggestion to carry out appellants' claimed
invention and a reasonable expectation of success in doing so.
See In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529,
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