Ex parte EBE et al. - Page 4




         Appeal No. 1998-1628                                                    
         Application No. 08/384,597                                              


         mailed April 11, 1997) for the examiner's complete reasoning            
         in support of the rejections, and to appellants' Brief (Paper           
         No. 27, filed January 16, 1997) and Reply Brief (Paper No. 29,          
         filed June 4, 1997) for appellants' arguments thereagainst.             
                                     OPINION                                     
              We have carefully considered the claims, the applied               
         prior art references, and the respective positions articulated          
         by appellants and the examiner.  As a consequence of our                
         review, we will reverse the obviousness rejections of claims 5          
         through 7.                                                              
              The examiner first rejects claim 5 over Suzuki, Ando, and          
         Ogata.  Suzuki discloses an apparatus for forming a film on a           
         substrate which includes an evaporation source and an ion               
         source.  Suzuki states (column 3, lines 37-41) that ions from           
         the ion source mix with the deposition layer at the interface           
         between the substrate and the deposition layer, forming a               
         continuously varying composition or mixed layer.  Suzuki                
         discloses (column 1, lines 52-53, column 2, lines 13-14, and            
         column 3, lines 32-34) that the ion beam energy ranges from             
         10KeV to 100KeV, with specific examples of 30KeV and 40KeV              
         (see column 4, lines 57-58, column 5, lines 16-18 and 55-56,            
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