Ex parte OHSAKI - Page 3




          Appeal No. 1998-0694                                                        
          Application No. 08/637,009                                                  


          Levinstein et al. (Levinstein)    4,276,557       Jun.  30,                 
          1981                                                                        
          Wei Yi Yang et al. (Yang), "Study of Oxidation of TiSi  Thin                
                                                                2                     
          Film by XPS," Japanese Journal of Applied Physics, Vol. 23,                 
          No. 12, December, 1984, pages 1560-1567.                                    
          Admitted prior art of application Figures 1-4.                              
          Claims 22, 24-28 and 30-36 stand rejected under 35                          
          U.S.C. § 112, first paragraph, as being based on an inadequate              
          disclosure.  Claims 22, 24-28 and 30-36 also stand rejected                 
          under 35 U.S.C. § 103.  As evidence of obviousness the                      
          examiner offers the collective teachings of Levinstein, Yang                
          and the admitted prior art.                                                 
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for                
          the respective details thereof.                                             
                                                                                     
               OPINION                                                                
                                                                                     
          We have carefully considered the subject matter on appeal,                  
          the rejections advanced by the examiner and the evidence of                 
          obviousness relied upon by the examiner as support for the                  
          obviousness rejection.  We have, likewise, reviewed and taken               

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