Appeal No. 2006-0367
Application No. 10/353,506
to apply a plasma treatment to a semiconductor structure that includes a permanent
dielectric cover.
33. A person of ordinary skill in the art would have recognized that such
processing would have made the permanent dielectric cover more dense.
34. The references establish the level of ordinary skill in the art. See In re GPAC
Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (finding that the
Board of Patent Appeals and Interference did not err in concluding that the level of
ordinary skill was best determined by the references of record); In re Oelrich, 579 F.2d
86, 91, 198 USPQ 210, 214 (CCPA 1978) ("[T]he PTO usually must evaluate ... the
level of ordinary skill solely on the cold words of the literature.").
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