Appeal No. 2003-0799 Page 2
Application No. 09/567,818
INTRODUCTION
Claim 1 is illustrative of the subject matter on appeal:
1. A flexible microelectronic device, comprising:
a plurality of silicon islands having substantially vertical sidewalls formed by RIE;
a lower polyimide layer which covers a lower surface of each of said silicon islands and
at least partially fills gaps between silicon islands, said polyimide layer coming into contact with
said sidewalls; and
an upper polyimide layer which covers an upper surface of each silicon island.
The Examiner maintains a rejection of all the claims under 35 U.S.C. § 103(a). As
evidence of obviousness, the Examiner relies upon the combination of U.S. Patent 4,587,719
issued to Barth on May 13, 1986 (Barth) in combination with the Admitted Prior Art
(APA)(specification: Figs. 1A-1C, Brief Description of Figs. 1A-1C, and p. 6).
Appellants state that none of the claims stand or fall together (Brief, p. 3). In so far as the
claims are separately argued in conformance with 37 CFR § 1.192(c)(8)(2001), we will consider
them separately.
We affirm the rejection with respect to the subject matter of claims 1, 4, and 5. Because
we conclude that claim 3 is indefinite such that a review with regard to obviousness is not
possible, we procedurally reverse with regard to claim 3 and enter a new ground of rejection
under 35 U.S.C. § 112, ¶ 2 as per our authority under 37 CFR § 1.196(b)(2002). Our reasons
follow.
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