Appeal No. 1997-3031
Application No. 08/411,509
wavelength of 200 nanometers or less so as to increase the
ozone content of the oxidizing gas. With respect to these
claimed requirements, the closest prior art cited by the
examiner is the Yokoyama publication which exemplifies the use
of an oxygen/ozone mixture containing an ozone content of
approximately 10 percent which is exposed to an ultraviolet
wavelength of 253.7 nanometers for the purpose of
disassociating the ozone to generate oxygen atoms which are
said to be "quite effective in enhancing the oxidation
reaction." (col. 1, line 3 of page L107). The examiner's
argument that one of ordinary skill in this art would have
been led to use an oxidizing gas containing 70 percent by
volume of ozone in a process as claimed because it would lead
to "expected success" (answer, page 6), ignores the disclosure
of Yokoyama at col. 2, lines 28 and 29 of page L107 that
"ozone and UV irradiation may enhance the dissociation of CuO
to produce Cu O" which is unfavorable for the synthesis of a
2
superconducting oxide film. In addition, the examiner's
analysis also ignores the disclosures of Yokoyama at page L108
in the paragraph bridging columns 1 and 2 where Yokoyama
discusses prior processes using pure ozone, and states that,
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