Ex Parte Kishima - Page 5



          Appeal No. 2005-0873                                                        
          Application. 10/067,347                                                     
          specifically states that the mask layer is deposited on top of              
          the convex portion.  Therefore, by his own admission, the                   
          examiner has recognized that the mask layer is independent of the           
          height of the convex portion since it is placed on top thereof.             
               We have further considered the Knapp reference but we do not           
          find therein any disclosure which would ameliorate the                      
          shortcomings of the Althaus reference.  Accordingly, we reverse             
          the rejections of all claims on appeal.                                     

          REVERSED                                                                    






                    WILLIAM F. PATE III           )                                   
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOHN P. MCQUADE          )     APPEALS AND                        
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JENNIFER D. BAHR              )                                   
                    Administrative Patent Judge  )                                    


          WFP:pgc                                                                     
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