Appeal No. 2003-1940
Application No. 09/954,882
that such a three-layer compound interlayer insulating structure
may be used" (page 9 of Answer, second paragraph), it is still
incumbent upon the examiner to establish that it would have been
obvious for one of ordinary skill in the art to employ such a
three-layer insulating structure in light emitting devices of the
type disclosed by Matthies.
The examiner's additional citation of Arai does not remedy
the deficiency of the combined teachings of Matthies and Aoyama
outlined above.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
THOMAS A. WALTZ ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
PAUL LIEBERMAN )
Administrative Patent Judge )
ECK:clm
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