Appeal No. 2000-1642
Application No. 08/104,264
earlier experiments (page 242). There is no express suggestion that
quartz and silicon nitride may be used interchangeably in the
semiconductor arts in general, nor express suggestion for use in the
specific type of device disclosed by Matsumura. Since the evidence
before us does not support the examiner’s findings with respect to the
disclosure of Madan, we agree with appellants that Madan would not have
suggested substituting the silicon dioxide gate insulator of Matsumura with
a gate insulator of silicon nitride.
We are thus persuaded by appellants that a prima facie case for unpatentability
of the claimed subject matter as a whole has not been established on this record. We
do not sustain the rejection of claims 81-90, 92, and 96-98 under 35 U.S.C. § 103 as
being unpatentable over Matsumura, Yamazaki '330, LeComber, Ovshinsky, Madan,
and Yamazaki '663.
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