Ex parte VAN DEN BROEK et al. - Page 6

          Appeal No. 1997-4442                                                         
          Application 08/353,040                                                       

               De Wit further discloses that substrate 12 may be a                     
          semiconductor substrate or a semiconductor layer grown or                    
          deposited on another semiconductor layer or on an insulating                 
          layer (col. 2, lines 60-65).  Appellants argue that de Wit                   
          does not have an electrically insulating substrate (Br5), but                
          "suggests a semiconductor layer substrate formed on an                       
          insulating layer" (RBr2 n.1).  The distinction between an                    
          insulating "layer" and an insulating "substrate" is not                      
          addressed by the Examiner.  However, we find that an                         
          insulating layer on a substrate broadly constitutes an                       
          insulating substrate.                                                        
               Appellants argue that the materials of the first and                    
          second resistors in de Wit do not contain metals, whereas                    
          claim 6 recites that the resistance path has two alloy                       
          portions (Br5).  The Examiner acknowledges the argument but                  
          does not answer it (EA5).  De Wit does not disclose alloy                    
          resistances.  Although de Wit discloses that the concept is                  
          applicable to any kind of resistor, it does not contain any                  
          teaching of the construction of other kinds of resistors.  The               
          anticipation rejection of claims 6 and 2 is reversed for this                

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