Appeal No. 2001-2042
Application No. 09/025,006
those features together with a zirconium oxide layer (rather than an amorphous silicon layer as
taught by Kaschmitter), see Kwo, column 1, lines 30-35 and lines 49-55. It is apparent from the
disclosure of Kwo that its invention resides in employing a zirconium oxide layer, which is
deposited at 300oC to a plastic or glass substrate. See Kwo, column 1, line 49 to column 2, line
11 and column 2, lines 35-64. Therefore, we determine that Kwo not only teaches away from
depositing an amorphous silicon layer, but also suggests using a plastic substrate capable of
withstanding a temperature higher than that taught in Kaschmitter. Thus, we are of the view that
one of ordinary skill in the art would not have been led to arrive at the claimed invention based
on the combined teachings of Kaschmitter and Kwo. To combine the above features in the
manner suggested by the examiner is to destroy the invention on which Kwo is based. See Ex
parte Hartmann, 186 USPQ 366, 367 (Bd. App. 1974). It follows that the examiner has not
carried the initial burden of establishing a prima facie case of obviousness.
OTHER ISSUE
As indicated supra, Kaschmitter discloses a low temperature plastic substrate incapable
of withstanding sustained processing temperatures of higher than about 180o C., which is
provided with an insulating layer of SiO2. See the Answer, page 2, together with Kaschmitter,
column 2. Although Kaschmitter does not specify employing the claimed thin film transistor
features, i.e., the claimed silicon layer, gate dielectric layer, gate metal layer, oxide layer and
metal contacts, it specifically teaches that its substrate can be used to form thin-film devices,
such as thin film transistors. See, e.g., column 2, lines 47-52 in conjunction with column 1, lines
25-30. Kaschmitter then refers to those conventional thin film transistors in various prior art
references at column 1, lines 25-40.
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