Ex Parte MAO et al - Page 3




              Appeal No. 2002-1417                                                                                       
              Application No. 09/306,484                                                                                 

                     The examiner relies on the following references:                                                    
              Fontana                            5,701,223                    Dec. 23, 1997                              
              Fuke et al. (Fuke)                 5,976,713                    Nov.  2, 1999                              
                                                                       (filed Apr. 2, 1998)                              
              Gill                               6,061,210                    May  9, 2000                               
                                                                       (filed Sep. 22, 1997)                             
              Hayashi                            6,101,072                    Aug.  8, 2000                              
                                                                       (filed Feb. 23, 1998)                             
                     Claims 1, 4-7, and 20 stand rejected under 35 U.S.C. § 103 as being                                 
              unpatentable over Fontana and Gill.                                                                        
                     Claim 2 stands rejected under 35 U.S.C. § 103 as being unpatentable over                            
              Fontana, Gill, and Hayashi.                                                                                
                     Claims 8-11 stand rejected under 35 U.S.C. § 103 as being unpatentable over                         
              Fontana, Gill, and Fuke.                                                                                   
                     We refer to the Final Rejection (Paper No. 5) and the Examiner’s Answer (Paper                      
              No. 10) for a statement of the examiner’s position and to the Brief (Paper No. 9) for                      
              appellants’ position with respect to the claims which stand rejected.                                      


                                                       OPINION                                                           
                     The rejection of instant claim 1 is set forth at pages 3 and 4 of the Answer.                       
              Since Fontana does not show a “buffer layer” as claimed, the examiner relies on Gill for                   



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