Ex parte KIRK et al. - Page 2




                Appeal No. 1998-1727                                                                                                         
                Application No. 08/340,097                                                                                                   



                                                            BACKGROUND                                                                       

                         The invention generally relates to semiconductor technology and more particularly                                   
                 is directed to a method of forming a layer over a surface of a silicon substrate.                                           
                 (Specification, p. 1).  Claim 1 which is representative of the invention is reproduced                                      
                 below:                                                                                                                      
                         1.  A method of forming a layer over a surface of a silicon substrate, the layer                                    
                         being lattice matched to the silicon substrate, comprising the steps of:                                            
                         cleaning the surface of the silicon substrate;                                                                      
                         forming a passivation layer having a thickness in excess of one monolayer                                           
                         on the silicon substrate; and                                                                                       
                         forming the lattice matched layer on the passivation layer.                                                         
                         As evidence of unpatentability, the Examiner relies on the following references:                                    
                 Kasai, et al. (Kasai)            5,262,633                        Nov. 16, 1993                                             
                 de Lyon                                   5,399,206                        Mar. 21, 1995                                    
                                                          THE REJECTIONS                                                                     

                         The Examiner rejected claims 1, 2, 6, 8, 9, 12, 13, and 15 to 23 under  35 U.S.C.                                   
                 § 102(e) as anticipated by de Lyon; claims 1, 2, and 6 to 23 under 35 U.S.C. § 103(a) over                                  
                 de Lyon; and claims 4, 5 and 24 under 35 U.S.C. § 103(a) over the combination of                                            
                 de Lyon and Kasai.  (Answer, pp. 3 and 4).                                                                                  

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