Appeal No. 96-1701
Application 08/190,211
reverse the examiner’s rejections.
The examiner contends (Answer, page 5) that from the broad
disclosures discussing Char’s Figure 3 embodiment, one of
ordinary skill in this art would have recognized that a tilt-
boundary junction could be formed by depositing BSCO on a
bicrystal structure composed of BSCO/MgO when using BSCO as a
seed layer. However, there is no teaching in the relied upon
prior art references of a patterned BSCO film formed on a
magnesia substrate, much less the recognition that such a
structure would form a bicrystal as required by Char’s Figure 3
embodiment. Moreover, Char’s only exemplified embodiment
involves the formation of a junction by growing a seed layer of
YBa Cu O (referred to as YBCO) under one set of growth conditions
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followed by growing another layer of YBCO under different growth
conditions to achieve two different crystal orientations. Thus
Char uses the same film material, i.e., YBCO, to form both films
on a substrate, while appellants use a BSCO/BSCCO film
combination.
In light of the above, it is apparent that adequate factual
support for the examiner’s obviousness conclusion is not of
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