Ex parte IKEGAMI - Page 6




                 Appeal No. 96-1271                                                                                                                     
                 Application No. 08/190,388                                                                                                             


                 other.”  As shown in Publication 1, Table XXI, at page 95, in                                                                          
                 Exhibit A (as well as the other publications forming part of                                                                           
                 Exhibit A), attached to the principal brief, when forming                                                                              
                 titanium silicide, the main diffuser is silicon whereas in                                                                             
                 forming palladium silicide or platinum silicide, the main                                                                              
                 diffuser is palladium or platinum.  Thus, appellant has                                                                                
                 established, by objective evidence, that palladium or platinum                                                                         
                 silicide clearly does not exhibit the same properties as                                                                               
                 titanium silicide.  The examiner has not countered this                                                                                
                 argument with any objective evidence to the contrary.                                                                                  
                 Accordingly, it is our view that the preponderance of the                                                                              
                 evidence favors appellant’s position of nonobviousness of the                                                                          
                 instant claimed subject matter.                                                                                                        
                          The examiner takes the position that Lechaton suggests                                                                        
                 the use of a silicide to provide reduced contact resistance.                                                                           
                 Yet, the examiner fails to point to anything in Lechaton which                                                                         
                 would lead to such a suggestion.  Furthermore, as pointed out                                                                          
                 by appellant, at page 4 of the reply brief, and identifying a                                                                          
                 textbook reference  as support thereof, contact resistance is2                                                                                                     

                          2      VLSI Technology, S.M. Sze; McGraw Hill; 1983; Chapter                                                                  
                 9, pages 347-350.                                                                                                                      
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