Ex parte BURNS et al. - Page 16




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

          an underlying substrate; however, it was well known in this                 
          art to form silicon on sapphire (SOS) or silicon on                         
          insulator (SOI) structure" (EA18).  The rejection does not                  
          incorporate this finding of what was well known.  Aoki and                  
          Sunami are not sufficient to support the rejection.                         
               We conclude that the Examiner has failed to establish a                
          prima facie case of obviousness.  The rejection of claims 2,                
          4-9, 12-14, 16, 52-56, 59-81, and 83 is reversed.  The                      
          references to Ota, Mogani, Gurvitch, Yamazaki, and Nishio do                
          not cure the deficiency with respect to the rejection of the                
          independent claims.  Accordingly, the rejections of claims                  
          10, 11, 15, 17-21, 57, 82, and 84 are reversed.                             

















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