Appeal No. 2006-3405
Application No. 10/631,858
respect to the subject matter of claim 1. Even assuming that the processes
identified in Hwang and Fukaya, if applied to Nakamura, would expose the upper
surface layer of the electrode to gases during etching steps in Nakamura, the
rejection does not show why the references would have suggested that the artisan
apply the requisite teachings of Hwang or Fukaya to Nakamura.
Moreover, Nakamura teaches the avoidance of a particular problem in the
prior art; i.e., the problem that when using a mask 23 for forming an electrode by
carrying out patterning with etching (sputtering), burrs 22a are formed on both
sides of the mask and on outer surfaces of metal layer 22. Nakamura col. 1, l. 46 -
col. 2, l. 10; Figs. 2(a) - 2(c). Nakamura describes processes whereby dry-etching
may be carried out such that no burrs are formed on the sides of a mask or the side
walls of the resulting electrode (e.g., col. 6, ll. 27-40; col. 7, ll. 43-46, col. 10, ll.
37-51; claim 1, wherein “no formation of side walls occurs.”). Consistent with
appellants’ position, we find no suggestion for the artisan to investigate ways in
which masks might be avoided for the etching of the layers shown in Figure 1(a),
when Nakamura describes (1) the use of masks during prior art etching steps and
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013