Ex parte FONASH et al. - Page 6




          Appeal No. 1997-1319                                                        
          Application 08/290,227                                                      


          With respect to representative, independent claim 26,                       
          the examiner cites Guckel as teaching the deposition of a                   
          small grain film to be annealed.  Chiang is cited as teaching               
          the crystallization of an amorphous silicon film.  The                      
          examiner asserts that it would have been obvious to the                     
          artisan to deposit a film of amorphous silicon as taught by                 
          Chiang without nucleation sites as taught by Guckel [rejection              
          mailed April 3, 1995].                                                      
          Appellants argue that the polysilicon film of Guckel                        
          is a fine grain film which is laden with nucleation sites.                  
          Inventor Fonash has filed two declarations in support of this               
          contention.  Appellants also argue that although Chiang                     
          teaches annealing an amorphous silicon film, Chiang uses ion                
          implantation during the annealing process, which is contrary                
          to the invention of the pending claims.  Appellants also argue              
          that the conductivity results recited in the pending claims                 
          are not achieved by the thin films of either Guckel or Chiang               
          [brief, pages 6-16].                                                        
          The linchpin of the examiner’s position is that                             
          notwithstanding appellants’ arguments or the Fonash                         
          declarations, Guckel clearly teaches “avoiding nucleation                   
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