Appeal No. 2005-0155
Application No. 09/760,884
techniques discussed in Chen, including electroplating copper
directly onto the barrier layer, in the electronic structure
fabricating method described in Chen. Merck & Co. v. Biocraft
Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir.
1989)(“the fact that a specific [embodiment] is taught to be
preferred is not controlling, since all disclosures or the prior
art, including unpreferred embodiments, must be
considered”)(quoting In re Lamberti, 545 F.2d 747, 750, 192 USPQ
278, 280 (CCPA 1976); In re Boe, 355 F.2d 961, 965, 148 USPQ 507,
510 (CCPA 1966)(all of the disclosures in a reference, including
non-preferred embodiments, “must be evaluated for what they
fairly teach one of ordinary skill in the art”).
Under the circumstances recounted above, we determine that
the examiner has established a prima facie case of obviousness
which has not been sufficiently rebutted by the appellants.
Thus, we concur with the examiner that the evidence of
obviousness, on balance, outweighs the evidence of non-
obviousness proffered by the appellants.
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