Ex parte KURATA et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      

           The opinion in support of the decision being entered today was not written for
                     publication and is not binding precedent of the Board.           
                                                                 Paper No. 21         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte KAZUHIRO KURATA,                              
                          HAJIME NAKAMURA and HIROSHI TOMIDA                          
                                     ____________                                     
                                 Appeal No. 1998-0411                                 
                              Application No. 08/050,078                              
                                     ____________                                     
                                 HEARD: March 06, 2001                                
                                     ____________                                     
          Before KIMLIN, KRATZ, and TIMM, Administrative Patent Judges.               
          KRATZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 4-6, which are all of the claims pending                
          in this application.                                                        
               Appellants’ invention relates to a method and apparatus                
          for forming multiple layers on a substrate by epitaxial                     
          growth.  An understanding of the invention can be derived from              
          a reading of appealed claim 4, which is reproduced below.                   
               4. In a process for producing a multi-layered epitaxially              
          grown crystal comprising a substrate with multiple layers                   





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