Ex Parte Paton et al - Page 5



         Appeal No. 2006-1231                                                       
         Application No. 10/180,686                                                 

         soluble solid solution having a reduced total free energy,                 
         thereby reducing the driving force to form NiSi2 (col. 4,                  
         lines 36-59).  That is the mechanism set forth by the appellants           
         (specification, page 6, line 22 - page 7, line 6).                         
              Moreover, Cabral’s Ge is present in Ni-Si-Ge in an amount             
         (about 2-10 at%, 5 at% being exemplified) within the range used            
         by the appellants (less than about 15 at%, such as about                   
         5-10 at%; specification, page 3, lines 1-4).  Because Cabral’s             
         materials and amounts are the same as those of the appellants,             
         the favoring of NiSi over NiSi2 obtained by the appellants                 
         necessarily is obtained by Cabral.                                         
              As for Anjum and Ohguro, Anjum discloses a Ge implant dose            
         of 1x1013 to 5x1014 atoms/cm2 (col. 7, lines 33-34), and Ohguro            
         discloses a nitrogen concentration of 1017-1021 atoms/cm3 (fig.            
         2).  The appellants’ disclosed ion implant dose is about 1x1018            
         to 1.5x1018 atoms/cm2 (specification, page 8, lines 11-13).                
         Because the materials of Anjum and Ohguro are the same as those            
         as the appellants, the references provide evidence that, prima             
         facie, the energetic favoring of one metal silicide over another           
         required by the appellants’ claims necessarily is obtained.  See           


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