Ex Parte DEANE et al - Page 8




                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.                                                     
























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