Ex parte DICK et al. - Page 6




          Appeal No. 96-3652                                                          
          Application No. 08/348,820                                                  


          the expectation of obtaining similar results” (answer, page                 
          4).                                                                         
               However, we note that the examiner does not address or                 
          explain where the claimed ternary gas mixture including a                   
          major portion of a neutral gas can be found in Mizuhashi or                 
          why it would have been obvious to use such a ternary mixture                
          in Mizuhashi from the combined reference teachings.  Moreover,              
          without pointing to any teaching of the references for                      
          support, the examiner asserts that optimizing the pressure of               
          the CVD method of Mizuhashi would have been obvious to one of               
          ordinary skill in the art through routine experimentation                   
          (answer, page 3).  In addition, the examiner has not pointed                
          to where the references furnish a suggestion or motivation for              
          using the CVD apparatus disclosed by Yamazaki for use in                    
          depositing a zinc borosilicate film as the apparatus for                    
          depositing the silica- based barrier layer of Mizuhashi on a                
          substrate in the manner recited in the appealed claims.  In                 
          this regard, we note that Yamazaki teaches away from use of a               
          silicon oxide film (column 1, lines 55-60) and suggests that                
          the injection nozzle structure is designed for use when                     
          diborane and silane are used as raw materials in forming the                
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