Ex parte XU et al. - Page 8




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


          claim language apparently refers to graphite susceptor 52.                  
          However, Sladek’s teaching of the vapor phase hydrolysis of a               
          metal alkoxide by passing water and alkoxide vapors and nitrogen            
          over a substrate in a isothermal rectangular reactor at least               
          implies the presence of a substrate heating means structure for             
          carrying out a hydrolysis/condensation reaction necessary to                
          produce a stoichiometric family of metal oxide films.                       


               Appellants contend that appealed claims 6, 7, 18, 23 and 29            
          distinguish over the prior art because they require an annealing            
          step which differs from the annealing procedure described in the            
          references.  With respect to this argument, as the examiner has             
          clearly pointed out, Sladek teaches air annealing at 350 to                 
          1000EC which causes crystallization of an amorphous film.  How              
          appellants’ claimed annealing step differs from the prior art               
          annealing is not apparent.  Thus, we think these claims are also            
          properly rejected.  Likewise, although appellants argue that                
          appealed claims 18 and 23 require the formation of a ?perfect?              
          crystal structure, appellants have not addressed the disclosure             
          in Sladek that the air annealing step, which caused crystal-                
          lization, produced anything other than perfect crystalline films.           
          Finally, while appellants indicate that none of the references              

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