Ex Parte Hsiao et al - Page 4




                    Appeal No. 2003-1656                                                                                                                                  
                    Application No. 09/725,973                                                                                                                            


                    Oozu by requiring a microlens layer and by requiring that the                                                                                         
                    infrared filter layer be formed as a planarizing layer.                                                                                               
                              According to the Examiner, it would have been obvious for an                                                                                
                    artisan with ordinary skill to dispose a microlens layer on the                                                                                       
                    infrared filter layer 315 of Oozu in view of and for the reasons                                                                                      
                    taught by Chiulli (see the paragraph bridging columns 7 and 8),                                                                                       
                    and, toward this end, it would have been obvious to form Oozu’s                                                                                       
                    infrared filter layer 315 as a planarizing layer in order to                                                                                          
                    obtain the planarizing benefits taught by Jedlicka with respect                                                                                       
                    to planarizing his infrared filter layer 40 (e.g., see the                                                                                            
                    paragraph bridging columns 4 and 5 and lines 34-52 in column 5).                                                                                      
                    In this regard, Jedlicka teaches that one of the functions of his                                                                                     
                    planarizing (and infrared filter) layer 40 is “so that subsequent                                                                                     
                    layers ... will be applied evenly over the relatively smoothed out                                                                                    
                    surface of polyimide layer 40" (column 5, lines 49-52), and this                                                                                      
                    teaching would have led the artisan to form Oozu’s infrared filter                                                                                    
                    layer 315 as a planarizing layer so that the subsequent microlens                                                                                     
                    layer formed thereon will be applied evenly and uniformly in                                                                                          
                    accordance with the teachings of Chiulli (again see the paragraph                                                                                     
                    bridging columns 7 and 8 and especially the “uniform layer”                                                                                           
                    desideratum in line 11 of column 8).                                                                                                                  


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