Ex Parte Dantz et al - Page 2

                Appeal 2007-3417                                                                               
                Application 10/351,739                                                                         

                                             I.  BACKGROUND                                                    
                      The invention relates to a silicon single crystal.  Claims 1 and 3 are                   
                illustrative of the subject matter on appeal:                                                  
                      1. A silicon single crystal, produced using the Czochralski method and                   
                having a <113> orientation comprising                                                          
                      an ingot which is suspended from a dash seed and said ingot having                       
                two conical end pieces, one of said end pieces being connected to the dash                     
                seed; wherein the dash seed has a length of at most 70mm.                                      
                      3. The silicon single crystal as claimed in claim 1,                                     
                      wherein the dash seed has a diameter of at most 5 mm at its narrowest                    
                point.                                                                                         

                      The Examiner relies on the following prior art references to show                        
                unpatentability:                                                                               
                Kikuchi   US 6,072,854   Jun. 6, 2000                                                          
                Aydelott   US 6,106,611   Aug. 22, 2000                                                        

                      Specifically, the Examiner rejects claims 1, 3, and 8 under 35 U.S.C.                    
                § 103(a) as unpatentable over Aydelott in view of Appellants’ admission and                    
                Kikuchi.                                                                                       

                                              II.  DISCUSSION                                                  
                      The dispositive issue arising from the contentions of Appellants and                     
                the Examiner is:  Have Appellants overcome the rejection by showing that                       
                the formation of a silicon single crystal having a <113> orientation was not                   
                within the capabilities of those of ordinary skill in the Czochralski single                   
                crystal forming art either with regard to the single crystal of claim 1 or the                 

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