Ex parte ITOZAKI et al. - Page 4




          Appeal No. 95-3312                                                          
          Application 08/167,437                                                      


          of Gurvitch, Morris and Ray.                                                
                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with                      
          appellants that the aforementioned rejections are not well                  
          founded.  Accordingly, these rejections will be reversed.                   
               The examiner argues that Lee teaches that it was known to              
          use a buffer layer of an insulating material such as zirconium              
          oxide between a superconducting layer and the supporting                    
          substrate (answer, page 4).  We do not find in Lee any                      
          indication that the disclosed zirconium oxide is merely an                  
          example of a larger class of suitable buffer layer materials                
          as asserted by the examiner.  Lee does not disclose use of any              
          buffer layer material other than zirconium oxide.                           
               Also, Lee does not teach that a buffer layer is needed                 
          between a superconducting layer and the particular substrate                
          materials recited in appellants’ claims.  The examiner argues               
          that appellants’ disclosure indicates that a buffer layer used              
          for a silicon substrate may also be formed between other                    
          semiconductor substrates and a superconducting film (answer,                


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