Appeal No. 96-0176
Application 08/012,556
line 13, would result in a distribution of atoms on the surface of the off-axis sapphire substrate of
Hiramatsu that would provide Asurface steps@ having the characteristics specified in the claims. As to
the latter, we observe that the treatment attributed to Smith et al. is for 0.5 and not 1 hour as in original
claim 13, and that the time period for the treatment attributed to Nakamura is not specified. 7
Accordingly, we reverse this ground of rejection.
The examiner=s decision is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR ' 1.136(a).
AFFIRMED-IN-PART
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
TERRY J. OWENS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
PETER F. KRATZ )
Administrative Patent Judge )
7We emphasize that we have considered only appellant=s characterization of the heat treatments of
Smith et al. and Nakamura and not the actual content of these documents. Indeed, the best evidence is
the full Smith et al. and Nakamura documents which were made of record by the examiner in the Form
892, executed A4/7/94,@ attached to the final rejection of April 11, 1994 (Paper No. 4). The full
documents should be considered with respect to this matter upon any further prosecution of the claims
of this application before the examiner.
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