Appeal No. 2006-2525
Application No. 10/178,672
are described in a CMOS circuit in column 3, line 6 et seq. The text at column 2, lines
26 through 30 says that the conducting layer is formed under the active components,
but the next sentence speaks of the layer preventing latch-up effects. The text thus
appears to relate to active CMOS components, rather than any kind of active
component.
What a reference teaches is a question of fact. In re Baird, 16 F.3d 380, 382, 29
USPQ2d 1550, 1552 (Fed. Cir. 1994); In re Beattie, 974 F.2d 1309, 1311, 24 USPQ2d
1040, 1041 (Fed. Cir. 1992). Upon consideration of the reference in its entirety, we
conclude that Leipold provides ample support for the examiner’s findings with respect to
what the reference teaches. Appellants’ arguments do not persuade us otherwise. We
sustain the rejection of the claims on appeal because appellants have not demonstrated
error in the examiner’s case for prima facie obviousness.
CONCLUSION
The rejection of claims 3-9 under 35 U.S.C. § 103 is affirmed.
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