Appeal No. 2000-0281
Application 08/907,494
DISCUSSION
The Invention
The Appellants’ invention relates to a method for preparing a layered structure
having a lower thin film oxide superconductor and an upper thin film of a different
material, both on a substrate. The lower film is deposited by a molecular beam
deposition process, and the upper thin film is deposited at a faster rate than the
molecular beam deposition process by a process other than molecular beam deposition,
such as pulsed laser deposition or chemical vapor deposition. See, e.g., Claims 1, 2,
and 3.
The Rejection Under 35 U.S.C. § 103(a) Over Nakamura in view of Kingston
Claims 1-2, 6-7, and 12-14 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nakamura in view of Kingston.
The Examiner has found that Nakamura teaches a process of forming a layered
structure by depositing a superconducting YCBO film on a substrate by MBE sputtering
at a rate of 1 nm/min; cooling the deposited superconducting film, and depositing a
dielectric SrTiO3 (STO) film on the superconducting film by MBE at a deposition rate of
1.2 nm/min. (Examiner’s Answer, page 3, lines 14-18).
The Examiner has further found that it is well known in the art to deposit a SrTiO3
film on a YBa2Cu3Ox superconducting film by a pulsed laser ablation process, relying on
Kingston, page 190, col. 1, lines 24-25 as evidence thereof. (Examiner’s Answer, page
4, lines 4-6). The Examiner this found that the MBE method of Nakamura is
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