Appeal No. 2001-1723 Application No. 09/112,263 On this record, however, the appellants have not demonstrated, much less argued, that the claimed thickness imparts unexpected results. Under these circumstances, we concur with the examiner that the employment of the optimum thickness, such as the claimed thickness, of the planarizing SiO2 layer in the substrate of the type described in the Hotaling references would have been obvious to one of ordinary skill in the art within the meaning of 35 U.S.C. § 103. In view of the forgoing, the decision of the examiner is affirmed. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007