Ex Parte KOZLOWSKI et al - Page 5



          Appeal No. 1999-2595                                                        
          Application No. 08/927,106                                                  

               The examiner finds that Han teaches applying an amorphous NGO          
          precursor film over a LaAlO3 substrate with subsequent annealing of         
          the film at temperatures ranging from 750 to 1000°C. in an oxygen           
          atmosphere for 6-12 hours to form a crystalline NGO film (Answer,           
          page 5).  Since appellants’ specification discloses that nickel             
          from the substrate diffuses into the NGO at temperatures from about         
          1000 to about 1300°C., the examiner concludes that at the sintering         
          temperature of 1000°C. for a sufficient time as taught by Han,              
          there would have been an interlayer of NGO diffused with nickel in          
          the structure of Ozaki, Woolf ‘389, and Boikov (id.).  We disagree.         
               As correctly argued by appellants (Brief, pages 6-7), Han              
          teaches that NGO films on a LaAlO3 substrate show “atomically               
          abrupt interfaces” (Han, page 3048, right column, first full                
          paragraph).  Accordingly, Han does not teach or suggest any                 
          diffusion at any sintering temperature when using the LaAlO3                
          substrate.  Therefore, assuming arguendo that it would have been            
          obvious to sinter a NGO film on a nickel substrate rather than the          
          LaAlO3 of Han, one of ordinary skill in the art would not be                
          directed to sintering temperatures which cause diffusion of the             
          substrate into the NGO film.  Thus, even though appellants disclose         

               4(...continued)                                                        
          ll. 45-60).                                                                 
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