Appeal No. 1997-0547
Application No. 08/020,443
that the transfer function could be determined." Hurle
further indicates that "such a person would understand that in
any system for growing crystals deliberate perturbations
should be avoided since they would be expected to introduce
defects in the growing crystal." Evidence supporting Hurle's
opinion is found in the Hurle publication at page 487 which
indicates that the "usual high standard of overall crystal
shape" could not be maintained during the prior art Hurle
experimentation. Further, at paragraph 15.5 of the Hurle
declaration, Hurle indicates that a person of ordinary skill
in the art would find no teaching, suggestion, or inference in
the Hurle paper that perturbations could be combined with
automatic diameter control in order to achieve improved
control of diameter. At paragraph 15.6, Hurle further
indicates that a person of ordinary skill in the art would
understand that such perturbations referred to in the Hurle
prior art publication were to be avoided since they would
prevent the correct shape of crystal being grown. At
paragraph 15.7, Hurle indicates that a person of ordinary
skill in the art would find no teaching in the Hurle prior art
publication on how perturbations could be related to crystal
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