Appeal No. 1998-1727
Application No. 08/340,097
OPINION
We reverse the aforementioned rejections. We need to address only claims 1 and
24, which are the independent claims.
The de Lyon reference describes a process for forming ternary II-VI
semiconductor films (16) on a silicon substrate (12) by first depositing a monolayer of
arsenic (14) or other group V metal on a cleaned surface of the substrate. The ternary II-
VI semiconductor film is then formed over the arsenic monolayer, either directly thereon
or on top of an intermediate buffering layer (18). (Cols. 3 and 4; Fig. 2). The de Lyon
reference describes the importance of using a single monolayer of arsenic on the cleaned
silicon surface in order to avoid disruption of the epitaxial process. (Col. 3, l. 67 to col.
4, l. 9).
Thus, the de Lyon reference discloses forming a passivation layer having a
thickness of one monolayer on a cleaned silicon substrate and forming a lattice matched
layer on the passivation layer. The de Lyon reference does not anticipate the subject
matter of claim 1 because the reference discloses the use of a passivation layer having
more than one monolayer will disruption of the epitaxial process. In order for a claimed
invention to be anticipated under 35 U.S.C. § 102, all of the elements of the claim must
be found in one reference. See Scripps Clinic & Research Found. v. Genentech Inc.,
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