Ex parte EBE et al. - Page 6




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


              Regarding the claimed energy range, as indicated above,            
         Suzuki discloses an energy range greater than that claimed by           
         appellants.  The examiner never acknowledges this difference,           
         but rather states (Final Rejection, page 2) that the apparatus          
         of Suzuki "has the inherent capability of operation."  Thus,            
         Suzuki fails to suggest the claimed energy range.                       
              Ogata discloses (column 6, lines 15-23) that the energy            
         for ions should be no higher than 40KeV for reducing defects            
         in a ceramic material being formed on a metal substrate.                
         However, there is no suggestion in Ogata to use an energy as            
         low as 0.5 to 8KeV, as claimed.  Ando discloses that energy             
         for irradiating the surface of a substrate with ions should             
         range from 0.1KeV to 1KeV, which overlaps the claimed range,            
         to improve the crystalline properties of aluminum vapor                 
         deposited thereon.  However, Ando radiates the ions to                  
         strengthen the vapor deposited aluminum layer, not to form an           
         intermediate layer between the substrate and the vapor                  
         deposited layer.  Therefore, we find no motivation for                  
         applying the recited energy range to Suzuki's formation of an           
         intermediate mixing layer.                                              


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