Appeal No. 2000-0170
Application No. 08/811,124
Appellants argue (brief at page 4) that “Yoda is entirely
silent regarding Figure 3G on how compositions are distributed
and diffusional equilibrium, and the absence of a composition
gradient must be assumed.” The examiner responds (answer at
page 11) that “[s]imilarly, with regard to Fig. 3G of Yoda, after
heat-treated, a continuous composition gradient of aluminum alloy
is inherently formed between the boundary of the first metal 7a
of Al-Si and the second metal 8 of Al-Si-Cu.” Appellants rebut
(reply brief at page 2) that “Yoda, however, is entirely devoid
of any heat treatment teaching after deposition of his Al-Si-Cu
film. Therefore, anticipation is not established.”
We, like appellants, do not find any disclosure in Yoda
where heat treatment is performed after the deposition of one
metal over the other metal. Therefore, we find that the
examiner’s rationale for rejecting these claims over Yoda because
of the teaching of heat treatment in Yoda is not supported by the
disclosure of Yoda. Therefore, we do not sustain the
anticipation rejection of claims 41, 42, 49 through 51 and 52
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