Appeal No. 1998-1628
Application No. 08/384,597
intermediate mixing layer. Consequently, we cannot sustain
the rejection of claim 5 over Suzuki, Ogata, and Ando.
The examiner additionally applies Nisshin Steel, Suzuki,
Ogata, and Ando in combination against claims 5 through 7.
Nisshin Steel uses an ion beam energy of 10eV, which is
significantly lower than the claimed energy range (see
translation, page 7). Further, like Suzuki, Nisshin Steel
fails to disclose the ratio of evaporation atoms to ions. The
examiner employs the same reasoning for modifying Nisshin
Steel that we above found deficient with regard to modifying
Suzuki. We find the reasoning equally lacking for modifying
Nisshin Steel. Accordingly, we cannot sustain the rejection
of claims 5 through 7 over Nisshin Steel, Suzuki, Ogata, and
Ando.
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