Ex parte XU et al. - Page 7




          Appeal No. 96-3649                                                          
          Application 08/344,509                                                      


          groups of claims as set forth in the Brief at page 3.  With the             
          exception of appealed claim 12, we think that a prima facie case            
          of obviousness has been established for the subject matter                  
          defined by these claims.  Appealed claim 12, which is separately            
          argued, requires control of the substrate temperature to within             
          the range of about 400EC to about 800EC.  Sladek’s disclosure               
          that a family of metal oxides CVD reactions were successfully               
          achieved using vapor phase hydrolysis chemical vapor deposition             
          techniques at temperatures from 25 to 130EC, in our view, is                
          insufficient to provide a reasonable expectation that at the                
          higher temperatures claimed, stoichiometric double metal oxide              
          films would have been achieved.  Thus, we reverse the examiner’s            
          rejection as it applies to dependent claim 12.                              
               With respect to independent method claim 7, appellants argue           
          that the prior art fails to suggest structure strategically                 
          positioned, and arranged to promote a polycondensation reaction             
          of a hydrolyzed precursor on a substrate.  Apparently, appellants           
          are referring to the claim language defining a structure                    
          positioned within a reaction chamber ?in the proximity of said              
          reaction zone, said structure being constructed and arranged to             
          promote a polycondensation reaction of said hydrolyzed precursor            
          on the substrate?.  Based on Figure 1 of the application, this              

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