Ex parte BURNS et al. - Page 14




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

          from each other on the substrate instead of on top of each                  
          other as taught by Aoki and Sunami, e.g., EA16, lines 5-7,                  
          responding to Appellants' arguments that "formed on the                     
          substrate" does not include vertically arranged layers.                     
          These statements are inconsistent with the teachings of the                 
          references.  Both Aoki and Sunami show the superconductor on                
          top of the semiconductor since the semiconductor is formed                  
          in the silicon substrate.  The reason for the silicon oxide                 
          layer 17 in Aoki and the isolation films 3 in Sunami is to                  
          separate the superconductor on top of the semiconductor.                    
          Sunami teaches using a barrier layer only when the                          
          superconductor overlies the semiconductor, not when the                     
          superconductor region is distinct from the semiconductor                    
          region, which is Appellants' disclosed invention.  Thus, we                 
          interpret the Examiner's rejection as requiring stacking the                
          superconductor on the semiconductor in Calviello.  This is                  
          consistent with other statements, such as (EA16): "Even if                  
          the high temperature superconductor layer 110 or 120 of                     
          Calviello et al. is atop the active semiconductor layer 108                 
          or 124, both layers are still formed on the same ceramic                    
          substrate."                                                                 

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