Appeal No. 2004-0022
Application No. 09/734,807
thin-film circuit having all the features recited in claim 1 on
appeal, with the exception that at least one of the electrically
conducting layers has a structured surface with recesses.
However, we agree with the examiner that Guertin establishes that
it was known in the art to employ such electrically conducting
layers having recesses of the type presently claimed.
Accordingly, we find no fault in the examiner's rationale that it
would have been obvious for one of ordinary skill in the art to
utilize recesses in the electrically conducting layer of Ohyama
for the purpose of adjusting the capacitance. We note that
appellants have not refuted the examiner's finding that "Guertin
discloses a capacitor formed of two conductive layers (16, 18a)
with a dielectric (15) therebetween wherein at least one of the
layers has a [sic] trimmable recesses (Figure 1) to adjust the
capacitance" (sentence bridging pages 7 and 8 of Answer). Nor
have appellants rebutted the examiner's reasoning that one of
ordinary skill in the art "would have been motivated to have one
of the layers of Ohyama included [sic, including] trimmable
recesses to enable adjustment of the capacitor" (page 8 of
Answer, first paragraph).
Rather than address the examiner's rationale that it would
have been obvious for one of ordinary skill in the art to form
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