Ex parte CAVA et al. - Page 8




          Appeal No. 95-3898                                                          
          Application 08/156,953                                                      


          film layers of the generic compound set forth by appellants in              
          independent claim 1 on appeal would have been formed in                     
          epitaxial regions which would have exhibited “essentially”                  
          isotropic electrical conductivity.                                          
               The position advocated by appellants at page 7 of the                  
          brief as to claims 4 and 5, is misplaced.  From the                         
          perspective advocated by the examiner in the responsive                     
          arguments portion of the answer, there are no noted                         
          deficiencies in the combination of Hoekje and Lichtenberg.                  
          Appellants’ position does not contest in any reasonably                     
          specific manner the subject matter of claims 4 and 5 on                     
          appeal.  On the other hand, the examiner’s reliance upon Kidoh              
          and the reasoning at page 10 of the answer, is persuasive.                  
          Additionally, we note that page 1 of appellants’ specification              
          also recognizes that the formation of ferroelectric layers                  
          adjacent to epitaxial regions was known in the art anyway.                  
               In view of the foregoing, the decision of the examiner                 
          rejecting claims 1 to 8 under 35 U.S.C. § 103 is affirmed.                  






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