Appeal No. 2003-1556
Application 09/288,932
these reasons, Kobayashi would not have indicated to one of
ordinary skill in the art that the contact hole is enlarged due
to removal of the first insulator layer.
The examiner, therefore, has not established that the
applied references would have led one of ordinary skill in the
art to replace Kobayashi’s second insulator layer with Cathey’s
removable spacer layer. Accordingly, we reverse the examiner’s
rejection.
DECISION
The rejection of claims 1-12 under 35 U.S.C. § 103 over
Kobayashi in view of Cathey is reversed.
REVERSED
)
TERRY J. OWENS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
THOMAS A. WALTZ )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
PETER F. KRATZ )
Administrative Patent Judge )
TJO/ki
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