Appeal No. 2003-1656 Application No. 09/725,973 infrared filter layer is formed as a planarizing layer not contacting the substrate. The appealed subject matter also relates to a method for fabricating the above discussed optoelectronic microelectronic fabrication. This subject matter is adequately represented by independent claim 1 which reads as follows: 1. An optoelectronic microelectronic fabrication comprising: a substrate having formed therein a minimum of one photoactive region which is sensitive to infrared radiation; a minimum of one microlens layer formed over the substrate and in registration with the minimum of one photoactive region; and a minimum of one infrared filter layer formed interposed between the substrate and the minimum of one microlens layer, wherein the minimum of one infrared filter layer is formed as a planarizing layer not contacting the substrate. The references relied upon by the Examiner as evidence of obviousness are: Oozu et al. (Oozu) 5,453,611 Sep. 26, 1995 Jedlicka et al. (Jedlicka) 5,604,362 Feb. 18, 1997 Chiulli et al. (Chiulli) 5,667, 920 Sep. 16, 1997 22Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007