Ex parte YOUNG et al. - Page 16




          Appeal No. 95-0537                                                          
          Application No. 08/077,709                                                  


               the superconductor formation temperature is the key                    
               parameter in forming epitaxial a-axis films.                           
               Compare col. 3, line[s] 10-25 of Geballe [sic,                         
               Beasley] with page 6 of Appellant's specification.                     
               Appellants argue (Brief, p. 31):                                       
               [T]he present invention is not merely growing a-axis                   
               films epitaxially.  Rather, the present invention is                   
               to be able to control the orientation of the c-axes                    
               in an a-axis film. . . .  No where does Beasley                        
               discuss, disclose or even mention controlling the                      
               positioning of the c-axes in an a-axis film.                           
               [Emphasis in original.]                                                
          We agree with appellants that Beasley is silent as to the                   
          alignment of c-axes in an a-axis film.                                      
               To the extent that both Beasley and appellants use lower               
          temperatures to produce their respective a-axis films, Beasley              
          recognizes that annealing at lower temperatures for an                      
          extended period of time after deposition of the film produces               
          a-axis films (col. 3, lines 10-15):                                         
                    Films as deposited are basically various                          
               amorphous-like oxides according to the X-ray                           
               diffraction data.  Subsequently they have usually                      
               been annealed for 3 hours at 650EC. followed by 1                      
               hour at 750EC. and 1 hour at 850EC.  Our experience                    
               shows that these annealing steps are enough for a-                     
               axis oriented films.                                                   
          In contrast, appellants disclose that maintaining the                       
          substrate at a lower temperature during deposition produces an              

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