Appeal 2007-0108
Application 10/698,884
compound with optical radiation that has a pulse width that is insufficient to
cause thermal absorption by the deposited element, thereby preventing
thermally-induced breakdown of the donor compound. As pointed out by
Appellants, the pulse width disclosed by Polanyi is greater than the claimed
duration of less than about 125 femtoseconds and less than one picosecond.
In relevant part, Polanyi teaches that the pulse width may range from
nanoseconds to picoseconds (see col. 4, ll. 43-50). The Examiner cites
Trushin’s research paper in concluding that it would have been obvious to
one of ordinary skill in the art that Polanyi’s “pulsed laser deposition process
may be on a fsec time scale, and may include localized photodecomposition
techniques used on Mo(CO)6” (Answer 6, last paragraph). However, as
acknowledged by the Examiner, “this research paper does not discuss the
use of these dissociated metal organic precursors for any particular purpose
or end use” (id.), and Appellants properly point out that the “reference only
discusses the time-scale of the dissociation reaction, not the irradiation
process as asserted by the Examiner” (Br. 15, last paragraph). While
Trushin evidences that the time-scale of such chemical, dissociation
reactions was known at the time of filing the present application, we concur
with Appellants that the cited references neither teach nor suggest
employing such short time periods as an irradiation time for deposition
processes of the type claimed. In our view, the Examiner’s explanation of
what one of ordinary skill in the art may have done is tantamount to
applying the verboten standard of what could have been done by one of
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