Ex Parte MERCALDI et al - Page 7



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

                                  Claims 19 and 22                                    
               The appellants’ claim 19 requires varying the reaction                 
          chamber temperature and monitoring an initial growth pattern of             
          the material layer, and claim 22 requires cycling the reaction              
          chamber temperature following the varying.  It reasonably appears           
          that Roy’s teaching that the nucleation layer must comprise a               
          relatively coherent and continuous film (col. 5, lines 38-39)               
          would have indicated to one of ordinary skill in the art that the           
          initial growth pattern of the nucleation layer is to be                     
          monitored.                                                                  
               The appellants’ only argument regarding claims 19 and 22 is            
          that neither Roy nor Parker teaches or suggests forming a                   
          material layer while a temperature within a reaction chamber is             
          being varied (brief, page 17).  As discussed above regarding the            
          rejection of claims 7 and 10, Roy discloses varying the                     
          temperature as the polysilicon layer is being deposited.                    
               Hence, we affirm the rejection of claims 19 and 22 over Roy            
          in view of Parker.                                                          





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