Appeal No. 2003-1366
Application No. 09/488,075 Page 5
skill in the art at the time of the invention to use a
surface modification agent, which is an oligomer or
polymer reactive with silinols (sic) on the silica
film.
In the supplemental answer, a further summary of what the
examiner regards Kotelnikov to teach regarding the use of an
oligomeric or polymeric modification agent is provided. However,
the examiner has not identified a particularized suggestion,
reason or motivation to combine the applied references.
As pointed out by appellants in the briefs (see, e.g., page
8, first two paragraphs of the brief), the examiner has not
identified a reasonable incentive for the proposed modification
of either of the primary references based on the applied
references’ teachings. In this regard, the primary references
are concerned with dielectrics including silanol containing
silica coatings for semiconductor substrates and the
constellation of properties associated therewith and Kotelnikov
(pages 2 and 3) is concerned with hydrophobic dispersed
substances useful in the oil and gas industry for changing the
oil and water permeability of strata. While Kotelnikov is
directed to improving hydrophobicity properties of dispersed
silica substances for use in the oil and gas industry via surface
modification using oligomer or polymer silicon-containing
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