Ex parte CHEN et al. - Page 7




                 Appeal No. 1997-3769                                                                                                                   
                 Application 08/418,257                                                                                                                 


                 Encyclopedia of Chemical Technology  as “materials that resist 3                                                                       
                 the action of hot environments by containing heat energy...the                                                                         
                 ability to withstand temperatures above 1100E C without                                                                                
                 softening has been cited as a practical requirement of                                                                                 
                 industrial refractory materials.”  It does not appear that                                                                             
                 aluminum would be in this category of a material which could                                                                           
                 withstand 1100E C without softening.  At page 11 of the Kirk-                                                                          
                 Othmer Encyclopedia, Vol. 20, it is indicated that the                                                                                 
                 highest-melting refractory metals are tungsten, tantalum and                                                                           
                 molybdenum.  Further, aluminum is not envisioned by the                                                                                
                 instant application as the claimed refractory metal because                                                                            
                 that layer would then be subject to the same changes as the                                                                            
                 aluminum deposited during the step of raising the temperature.                                                                         
                 It is clear that aluminum cannot constitute the claimed                                                                                
                 “refractory metal” layer.  Thus, the applied prior art does                                                                            
                 not suggest the claimed step of “during said step of raising                                                                           
                 the temperature, beginning to deposit aluminum on the layer                                                                            
                 including the                                                                                                                          
                 refractory metal.”  Thus, we will not sustain the rejection of                                                                         


                          3Kirk-Othmer, Third Edition, Volume 20, page 1, 1982.                                                                         
                                                                         -7-                                                                            





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