Ex parte NAKAMURA et al. - Page 9




          Appeal No. 1999-0542                                                        
          Application 08/760,557                                                      


          nitride on an aluminum alloy.  The examiner ignores this fact               
          and simply assumes that the applied prior art would not permit              
          such a condition.  The claims require a successive and                      
          uninterrupted application of layers in a vacuum chamber, but                
          the applied prior art does not address this feature.  The                   
          claimed invention requires that the nitride layer and the                   
          aluminum alloy layer be conductively coupled together.                      
          Although the examiner simply asserts that a nitride layer and               
          a metal layer of the applied prior art would meet this                      
          feature, we are unable to find any specific teaching in the                 
          applied prior art that supports this assertion.  Finally, the               
          claimed invention requires that the metalization continue to                
          conduct even if the aluminum alloy layer becomes non-                       
          conducting.  The examiner simply asserts that the multi-layer               
          metalizations of the prior art would have this property, but                
          we are unable to find any evidence on this record which                     
          supports this position.                                                     
          Although the examiner has noted similarities between                        
          the applied prior art and the claimed invention, and                        
          similarities between the problems solved by the applied prior               
          art and the claimed invention, the examiner has failed to                   
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