Ex parte SUMMERFELT - Page 2


                     Appeal No. 96-0176                                                                                                                                                
                     Application 08/012,556                                                                                                                                            

                                1.  A method for heteroepitaxial growth, said method comprising the steps of:                                                                          
                                (a)  cutting and polishing a single crystal ceramic substrate at from about 1 to about 10 degrees                                                      
                     off axis to produce a substantially flat surface;                                                                                                                 
                                (b)  redistribution atoms on said surface to produce surface steps of at least three lattice                                                           
                     spacings; and                                                                                                                                                     
                                (c)  then growing a layer of semiconductor over said substrate.                                                                                        
                                The appealed claims as represented by claim 1  are drawn to a method for heteroepitaxial2                                                                                    
                     growth comprising at least the steps of preparing an off-axis single crystal ceramic substrate having a                                                           
                     substantially flat surface, redistributing atoms on said surface to produce surface steps of at least three                                                       
                     lattice spacings, and growing a layer of semiconductor over said surface.  In the method of claim 28,                                                             
                     the step of redistributing atoms produces surface steps of at least three lattice spacings which are                                                              
                     parallel to at least two crystallographic directions.  According to appellant, these methods minimize the                                                         
                     effect of crystallographic misfits (specification, e.g., pages 1 and 5).                                                                                          
                                The references relied on by the examiner are:                                                                                                          
                     H.S. Kong, J.T. Glass and R.F. Davis (Kong), AChemical vapor deposition and characterization of                                                                   
                     6H-SiC thin films on off-axis 6H-SiC substrates,@ 64 Journal of Applied Physics, no. 5, 2672-2679                                                                 
                     (September 1988).                                                                                                                                                 
                     Kazumasa Hiramatsu, Hiroshi Amano, Isamu Akasaki, Hisaki Kato, Norikatsu Koide and Katsuhide                                                                      
                     Manabe (Hiramatsu), AMOVPE growth of GaN on a misoriented sapphire substrate,@ 107 Journal of                                                                     
                     Crystal Growth 509-512 (1991).                                                                                                                                    
                                The examiner has rejected appealed claims 1, 3, 7, 9 and 28 through 31 under 35 U.S.C.   '                                                             
                     102(b) as being anticipated by Kong.  The examiner has further rejected appealed claims 1 through 12,                                                             
                     14 and 28 through 31 under 35 U.S.C. ' 103 as being unpatentable over as being unpatentable over                                                                  
                     Hiramatsu in view of the admission of prior art at page 17, line 23, to page 18, line 13 of the                                                                   
                     specification.     3                                                                                                                                              


                     2Appellant states in the brief (page 3) that the appealed claims Ado not stand or fall together@ and                                                              
                     separately argues claims 1 and 28, as to both grounds of rejection based on prior art, as well as claims                                                          
                     3, 7 and 29 through 31, with respect to the ground of rejection based on Kong.  Thus, we decide this                                                              
                     appeal based on appealed claims 1, 3, 7 and 28 through 31.  37 CFR ' 1.192(c)(5) and (6)(1993).                                                                   
                     3The cite to page 17, line 23, refers to the specification as it stood prior to the amendment of page 17,                                                         
                     line 12, in amendment of March 13, 1995 (Paper No. 10).                                                                                                           
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