Appeal No. 2002-0974
Application 09/332,745
materials because they may be sliced from silicon ingots
formed by relatively low-cost processes, e.g., the
traditional open-architecture Cz process.
See page 10, lines 21 through 23 of the specification. But,
Asayama et al. specifically recognize that silicon wafers
prepared by the Cz process are conventionally used in highly
integrated semiconductor devices and Asayama et al. uses silicon
wafers in their process which are prepared using the Cz process.
Accordingly, there exists a reasonable factual basis to presume
that because appellants use silicon wafers prepared by the same
method as Asayama et al. prepare the silicon wafers for their
process that the wafers have the same or at least substantially
the same surface characteristics.
We have not overlooked appellants' argument that "oxygen-
related crystal defects are distinguishable from the light-
scattering events required by claim 9" (see page 13 of the brief)
but there is no underlying evidence which supports appellants'
argument. Further, the argument does not address the fact that
appellants, like Asayama et al., prepare their silicon wafer from
single crystal ingots prepared according to the Cz method.
Accordingly, although we agree with the examiner that Miyashita,
Park and Loncki are evidence of the ordinary level of surface
imperfections which may typically be found in single crystal
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