Ex parte NOGUCHI et al. - Page 7




          Appeal No. 2000-0769                                                        
          Application 08/997,326                                                      

          than a polycrystalline, or multicrystal lattice (SBr6).  It is              
          stated that pseudomorphic layers contain a lattice that is                  
          mismatched with respect to the substrate, forming a strained                
          layer which effect changes the lattice constant, and, by                    
          contrast, a polycrystalline layer is not necessarily strained               
          (Br5).  Also, pseudomorphic and polycrystalline layers are                  
          typically formed by different methods (Br6).  Appellants argue              
          that the pseudomorphic SiGe layer of Solomon has a different                
          structure and different operating characteristics than the                  
          claimed polycrystalline SiGe layer and, thus, it would not                  
          have been obvious to incorporate the teachings of Solomon into              
          King (SBr6) because processes appropriate for a pseudomorphic               
          SiGe layer are not necessarily appropriate for a                            
          polycrystalline SiGe layer (SBr7).  More particularly, it is                
          argued that one of ordinary skill in the art would not have                 
          looked to Solomon to improve the operation of the King device               
          because King and Solomon are not readily combinable due to the              
          different characteristics between polycrystalline SiGe and                  
          pseudomorphic SiGe (SBr6-7).  That is, there is no motivation               
          to combine the teachings of Solomon and King (SBr6; RBr3).                  



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