Ex parte EBE et al. - Page 1




              The opinion in support of the decision being entered today was not 
              written for publication and is not binding precedent of the Board. 
                                                             Paper No. 31        
                      UNITED STATES PATENT AND TRADEMARK OFFICE                  
                                   ____________                                  
                         BEFORE THE BOARD OF PATENT APPEALS                      
                                AND INTERFERENCES                                
                                   ____________                                  
                      Ex parte AKINORI EBE, SATOSHI NISHIYAMA,                   
                          KIYOSHI OGATA, and YASUO SUZUKI                        
                                   ____________                                  
                               Appeal No. 1998-1628                              
                             Application No. 08/384,597                          
                                   ____________                                  
                                     ON BRIEF                                    
                                   ____________                                  
         Before HAIRSTON, GROSS, and BLANKENSHIP, Administrative Patent          
         Judges.                                                                 
         GROSS, Administrative Patent Judge.                                     



                                DECISION ON APPEAL                               
              This is a decision on appeal from the examiner's final             
         rejection of claims 5 through 7, which are all of the claims            
         pending in this application.                                            
              Appellants' invention relates to an apparatus for forming          
         a film on a substrate.  The apparatus includes an ion source            
         and an evaporation source, which together operate to produce            
         on the substrate a mixed layer with a ratio M/N ranging from            
         10 to 1000, where M is the number of evaporation material               





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