Appeal No. 2005-0479
Application No. 08/801,812
Concerning the particular size and profile of the recess
recited in claim 46 on appeal, we fully concur with the examiner
that it is a matter of prima facie obviousness for one of
ordinary skill in the art to resort to routine experimentation to
determine the optimum dimensions of a structure. Appellant
points to no disclosure of criticality for the profile of the
claimed recess in the present specification. Moreover, Yim
discloses a recess profile that generally corresponds to the
profile of the claimed recess in the sense that it has a second
portion that is less in width than the first portion.
As a final point, we note that appellant bases no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the inference of obviousness
established by the examiner.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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