Appeal No. 96-0626
Application 08/187,328
conductivity range, Appellants show on page 10 of their
specification, TABLE 1, that the admitted prior art insulators
(alumina and SiO ) already have the claimed electrical
2
resistivity.
Since the Examiner has based the rejection of all
claims on the substitution of insulation material in the
layers of Appellants' admitted prior art or the layers of
Suyama, as discussed supra, we will not sustain the rejection
of any claims.
We have not sustained the rejection of claims 1
through 13 under 35 U.S.C. § 103. Accordingly, the Examiner's
decision is reversed.
NEW GROUND OF REJECTION
Pursuant to the provisions of 37 CFR § 1.196(b), we
hereby enter the following new rejections.
Claims 1 and 2 are rejected under 35 U.S.C. § 103 as
being unpatentable over Nakamura. Nakamura teaches the
claimed invention using a silicon insulating layer as the
substrate. Since the substrate (S in Figure 21B of Nakamura)
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