Appeal No. 97-1387
Application No. 08/251,011
points out at page 6 of the answer, at the end of the only
full paragraph, “it is possible to form polycrystalline
silicon transistors of Hayashi on the insulator-semiconductor
substrate of Malhi” and it was “well known in the art that
single crystalline silicon can be recrystallized” by various
methods. Now, we realize that merely because something is
possible or can be done does not make it obvious within the
meaning of 35 U.S.C. ' 103. However, it is our view that the
examiner was merely pointing out that the polysilicon
transistors of Hayashi may very well be produced starting from
a single crystalline material as a support structure and this
is never denied by appellants, appellants’ only argument in
this regard being that “the very point of forming such a
structure is to provide crystalline substrate transistors”
[brief-page 12]. Yet, while one reason for employing a single
crystalline material base may be to provide crystalline
substrate transistors, this may not be the sole reason. There
may be a number of reasons why the artisan would employ a
single crystalline material base and yet still prefer to
provide polycrystalline silicon transistors, based on various
characteristics of the materials and the desired goals.
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