Ex Parte Hsiao et al - Page 1




            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                                                                 Paper No. 14         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                Ex parte YU-KUNG HSIAO, CHIH-KUNG CHANG, FU-TIEN WENG,                
                 CHUNG-SHENG HSIUNG, BII-JUNG CHANG, and KUO-LIANG LU                 
                                     ____________                                     
                                 Appeal No. 2003-1656                                 
                              Application No. 09/725,973                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WALTZ, and TIMM, Administrative Patent Judges.               
          GARRIS, Administrative Patent Judge.                                        


                                  DECISION ON APPEAL                                  
              This is a decision on an appeal from the final rejection of             
          claims 1-5 and 8-12 which are all of the claims remaining in the            
          application.                                                                
               The subject matter on appeal relates to an optoelectronic              
          microelectronic fabrication.  With reference to the Appellants’             
          drawing, the fabrication comprises a substrate 10 having formed             
          therein a photoactive region 12a-12d, a microlens layer 24a-24d             
          in registration with the photoactive region, and an infrared filter         
          layer 18 between the substrate and the microlens layer wherein the          






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