Appeal No. 95-0537
Application No. 08/077,709
a-axis film having c-axis alignment in one direction
(Specification, p. 6):
The substrate is heated in the laser ablation
apparatus prior to deposition of the film. For
films grown with a substrate temperature between 810
and 830EC, the majority of the film is c-axis
textured, with small amounts of a-axis grains being
formed. In the preferred embodiment, the substrate
temperature is initially made lower than this
temperature, preferably by from 50 to 100EC, to
promote a-axis nucleation . . . . In the
preferred embodiment, the substrate temperature was
held at 700EC during deposition. If desired,
following nucleation of the a-axis film, the
substrate temperature may be raised to ordinary
processing temperatures to enhance the film
crystallinity and superconducting properties of the
film.
Despite the above-identified differences, the examiner has
failed to explain how one having ordinary skill in the art
would have arrived at the claimed invention based on the
teachings in Beasley. See In re Oetiker, 977 F.2d 1443, 1444,
24 USPQ2d 1443, 1444 (Fed. Cir. 1992) (the examiner bears the
initial burden of presenting a prima facie case of
unpatentability). Therefore, the rejection of claims 1, 2 and
5 under 35 U.S.C. § 102(e) as being anticipated by Beasley is
reversed.
Rejections under 35 U.S.C. § 103
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