Ex parte HARTOG et al. - Page 6




            Appeal No. 1997-1006                                                                         
            Application 08/184,718                                                                       

            a Talystep surface profiler and an AFM.  The polished                                        
            CVD-deposited SiC material in the Bennett article is the same                                
            as the material in Pickering.  Both Pickering and Bennett                                    
            measure RMS values.  Thus, the results in Bennett should apply                               
            to Pickering.  Bennett shows that a CVD-deposited sample had a                               
            roughness of 0.77 Å when measured by a Talystep surface                                      
            profiler and a roughness of 8.5 Å when measured by an AFM.                                   
            The 8.5 Å value is greater than the values claimed.  Thus,                                   
            Appellants have demonstrated that a roughness of 1 Å RMS or                                  
            less as measured on a Talystep mechanical contact profiler                                   
            does not fall within the 4 Å or less limitations of the                                      
            claims.                                                                                      
                  Pickering discloses that the substrate is polished "by                                 
            conventional means" (col. 6, line 10).  Therefore, there can                                 
            be no speculation that the polished surface in Pickering is                                  
            somehow smoother than that in Bennett.                                                       
                  Pickering discloses that surface irregularities tend to                                
            be imparted to subsequent layers in exaggerated form.  Absent                                
            additional evidence, we cannot tell whether the subsequent                                   
            coating processes in Pickering smooths over the scratches from                               
            the polishing process which result in the measurement                                        

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