Ex parte BURNS et al. - Page 13




          Appeal No. 96-1075                                                          
          Application 08/041,737                                                      

          semiconductor 124, because Aoki discloses the superconductor                
          deposited on the semiconductor and, hence, deposited after                  
          the semiconductor; (2) depositing the superconductor 120 on                 
          top of the semiconductor 124, because Aoki discloses the                    
          superconductor deposited on the semiconductor; and then                     
          (3) interposing a barrier layer between the semiconductor                   
          124 and the overlying superconductor layer as taught by                     
          Sunami.  The Examiner's proposed combination produces                       
          vertically arranged layers of, from bottom to top, an                       
          insulating substrate, a semiconductor region, a barrier                     
          layer, and a superconductor region.  This is a different                    
          arrangement from the disclosed invention where the                          
          semiconductor region and the superconductor region occupy                   
          different areas on the substrate and do not overlie each                    
          other.  However, as discussed in the claim interpretation                   
          section, the independent claims are broad enough to                         
          encompass the Examiner's proposed combination.                              
               Some statements in the Response to Argument section of                 
          the Examiner's Answer suggest that the rejection would keep                 
          the same physical layout of Calviello with the                              
          superconductor and the semiconductor regions spaced apart                   

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