Ex parte MACK et al. - Page 4




          Appeal No. 96-0096                                                          
          Application No. 08/094,794                                                  


               comes in contact with the substrate with the                           
               expectation that any combination would produce                         
               similar results.  The separate mixtures are                            
               eventually mixed into one mixture before contacting                    
               the substrate and therefore, it is the examiner's                      
               position that the manner in which the gases are                        
               supplied would be within the skill of the design                       
               engineer working in this art.                                          

               This rejection cannot be sustained for several reasons.                
               In the first place, the examiner is incorrect in stating               
          that “Lagendijk's disclosure is generic to all sequences of                 
          feeding in the reactive gases.”  This disclosure, in fact, is               
          limited to a single specific embodiment which is shown in                   
          Figure 1 and described in column 6 wherein the reactive gases               
          are mixed prior to entry into the furnace or reactor.  This                 
          specific embodiment, of course, is completely distinct from                 
          the appellants' claimed process wherein certain reactive gases              
          are mixed to form first and second gaseous mixtures that are                
          introduced into the reactor at different locations remote from              
          the substrate.  Indeed, it quite clearly would be impossible                
          to practice this claimed process via the sole embodiment                    
          specifically disclosed by Lagendijk as is readily apparent                  
          from even a cursory study of patentee's Figure 1 apparatus.                 


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