Ex parte EBE et al. - Page 3




         Appeal No. 1998-1628                                                    
         Application No. 08/384,597                                              


                   the evaporation source operating to produce a film            
         on the mixed layer on the substrate surface as the objective            
         substrate is again moved through the vacuum chamber in the              
         first direction or a second direction opposite to the first             
         direction.                                                              
              The prior art references of record relied upon by the              
         examiner in rejecting the appealed claims are:                          
         Suzuki et al. (Suzuki)       4,683,149              Jul. 28,            
         1987                                                                    
         Ando et al. (Ando)           4,828,870              May  09,            
         1989                                                                    
         Ogata et al. (Ogata)         5,250,327              Oct. 05,            
         1993                                                                    
         Fukui et al.1            JP 02-247371                Oct. 03,            
         1990                                                                    
              (Nisshin Steel)                                                    
              Claim 5 stands rejected under 35 U.S.C. § 103 as being             
         unpatentable over Suzuki in view of Ogata and Ando.                     
              Claims 5 through 7 stand rejected under 35 U.S.C. § 103            
         as being unpatentable over Nisshin Steel in view of Suzuki,             
         Ogata, and Ando.                                                        
              Reference is made to the Final Rejection (Paper No. 22,            
         mailed July 24, 1996) and the Examiner's Answer (Paper No. 28,          


              Since both the examiner and appellant refer to this reference as1                                                                 
         Nisshin Steel, we too shall use the name Nisshin Steel for this reference.  In
         addition, our understanding of this reference is based upon a translation
         provided by the Translations Branch of the Patent and Trademark Office, a copy
         of which is attached to this decision.                                  
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