Ex Parte KOZLOWSKI et al - Page 6



          Appeal No. 1999-2595                                                        
          Application No. 08/927,106                                                  

          that a sintering temperature of about 1000°C. causes some diffusion         
          of nickel into the NGO film (specification, page 9, ll. 23-25), one         
          of ordinary skill in this art would not have been led to use a              
          sintering temperature of 1000°C. for a sufficient duration to               
          promote diffusion in view of the teaching of Han that “phase-pure”          
          NGO films are desired, with atomically abrupt interfaces between            
          the substrate and the film (see Han, page 3048, left column, first          
          full paragraph, and right column, first full paragraph).                    
               For the foregoing reasons, we determine that the combination           
          of references as proposed by the examiner does not disclose or              
          suggest all of the limitations of the claimed subject matter on             
          appeal.  Therefore we determine that the examiner has not                   
          established a prima facie case of obviousness.  As noted above, the         
          citation of Woolf ‘360 does not remedy the deficiencies discussed           
          above.  Accordingly, we cannot sustain the examiner’s rejections on         
          appeal.                                                                     








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