Ex Parte MERCALDI et al - Page 6



          Appeal No. 2003-1269                                                        
          Application 09/041,913                                                      

               For the above reasons we affirm the rejection of claims 7,             
          10, 13 and 14 over Roy in view of Parker.2                                  
                                    Claims 15-18                                      
               Roy discloses formation of a nucleation layer that comprises           
          a relatively coherent and continuous film so that subsequent                
          polysilicon growth during the oscillatory growth period will                
          occur on a nearly continuous sheet of nucleation centers rather             
          than on more isolated, energetically favored, discrete sites                
          (col. 5, lines 38-43), and discloses that perturbations in the              
          deposition during the oscillatory growth period can be effected             
          by changing the amplitude and frequency of the oscillation                  
          (col. 5, lines 60-62).  Hence, the appellants’ arguments that Roy           
          does not disclose altering the frequency or magnitude of the                
          oscillating, and does not disclose optimizing a magnitude of the            
          oscillating in response to an initial growth pattern to enhance             
          uniformity of a property (i.e., stress) of the polysilicon layer            
          (brief, pages 15-16), are not well taken.                                   
               We therefore affirm the rejection of claims 15-18 over Roy             
          in view of Parker.                                                          


               2                                                                      
               2 A discussion of Parker is not necessary to our decision.             
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