Ex Parte Hsiao et al - Page 2




                    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                                                











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