Appeal No. 2000-0769
Application 08/997,326
The Examiner responds that Solomon is used to teach a
silicon layer on top of a SiGe alloy layer to increase the
mobility of charge carriers at the interface between the SiGe
the upper silicon layer to make an improved device and King
teaches that it was conventional to use poly-SiGe as an active
layer in TFT structures (EA7). The Examiner states that the
rejection is not overcome by attacking the references
individually (EA7).
We are not persuaded by the Examiner's response. The
Examiner does not answer the argument that the teaching of
application of a silicon channel layer to a pseudomorphic SiGe
layer in Solomon does not suggest applying a silicon channel
to a polycrystalline SiGe layer, such as King. Cases dealing
with arguments attacking the references individually apply
only after motivation has been shown for the combination and
the issue is what is taught by the combination of the
references.
The Examiner further states (EA7):
[I]t is noted that the specification appears to contain
no disclosure of either the critical nature of the
claimed layer being polycrystalline nor does it provide
any unexpected results arising therefrom. In contrast,
the specification (pg. 2) merely hypothesizes that "... a
very-thin film silicon layer interposed between a poly
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