Ex parte HURLE et al. - Page 6




          Appeal No. 1997-0547                                                        
          Application No. 08/020,443                                                  


          page 7, that Hurle is concerned only with the measurement of                
          the "transfer function" for a conventional Czochralski                      
          process, and the Hurle method utilizes perturbations and a                  
          study of the results of those perturbations to determine the                
          transfer function.  As appellants point out in their brief at               
          page 7,                                                                     
               "the fact is that the Hurle reference is not                           
               concerned with any automatic control loop and                          
               instead is solely concerned with the determination                     
               of the transfer function of the process which would                    
               later be incorporated into an automatic control                        
               system, although the manner and how the transfer                       
               function is incorporated into this control system is                   
               not specified" (emphasis added).                                       
          The arguments made by appellants in their brief are buttressed              
          by the statements made in the Hurle declaration.  Thus, at                  
          paragraph 15.2 of the Hurle declaration, Hurle indicates that               
          a person of ordinary skill in this art "would perceive that                 
          the techniques in the paper should not be used to grow                      
          crystals but only to determine the transfer function.  At                   
          paragraph 15.4, Hurle further indicates in his declaration                  
          that a person of ordinary skill in the art would understand                 
          the perturbations applied by the Hurle publication "were for                
          measuring how the system responded to such perturbation so                  

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