Appeal No. 94-3365
Application 07/759,571
phase epitaxy, the Ishizaka reference requires deposition of a
multi-layer structure of Si and M (Ni or Co) on a crystalline
silicon substrate at a certain temperature range followed by
annealing at the particular condition to form a MSi structure on
2
the substrate. See columns 2, 3 and 4. Not only does the
Ishizaka reference teach away from diffusing Ni or Co into a
crystalline silicon substrate (i.e., causing the transformation
of a monocrystalline silicon structure), but it also would not
have suggested maintenance of a buried amorphous layer in the
same amorphous state before or during the transformation of the
monocrystalline silicon surface layer. Under these
circumstances, we cannot agree with the examiner that the
Ishizaka reference would have suggested to one of ordinary skill
in the art to transform the monocrystalline silicon surface layer
of the SIMOX-type wafer taught by the Mao reference into a mixed-
crystal structure or a crystalline chemical compound, without
altering the amorphous layer, within the meaning of 35 U.S.C.
§ 103. Accordingly, we reverse the rejection of claims 1 through
6 and 9 through 11 over the above references.
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Last modified: November 3, 2007