Appeal No. 96-1075
Application 08/041,737
Appellants argue that the Examiner erred in concluding
that it would have been obvious to stack the HTS on the
semiconductor in Calviello (Br13-14):
Moreover, if one were to modify Calviello per the
teachings of Sunami, the resultant structure would have
an HTS layer 110 overlying the region 108 and separated
from it by Sunami's barrier film 3 and/or barrier
electrode 7. The ability to lattice match the HTS
layer 110 to the substrate 104 would be completely lost
due to the presence of the intervening film 3 and/or
barrier electrode 7. . . . The fundamental purpose and
basic principles upon which Calviello is purported to
operate would thus be destroyed by combining it with
Sunami/Aoki as suggested by the Examiner.
We agree with Appellants' argument. Stacking the HTS
on top of the semiconductor is contrary to the intended
purpose of lattice constant matching the HTS to the
substrate and, for this reason, the reasoning in the
rejection based on modifying Calviello must fail.
While Aoki and Sunami disclose stacking a
superconductor on top of a semiconductor, they do not
disclose the claimed "insulating substrate"; thus, the
rejection is dependent on the combination with Calviello
which shows a sapphire substrate. The Examiner states in
the Response to Arguments that "Aoki et al. and Sunami et
al. do not teach the silicon bulk substrate may be formed on
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