Ex Parte MERCALDI et al - Page 12



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

          combination of a temperature increase and a temperature decrease,           
          and the examiner has not established that Lee would have fairly             
          suggested such a combination to one of ordinary skill in the art.           
          Consequently, we reverse the rejection of claim 7 over Lee in               
          view of Parker.                                                             
                                  Claims 20 and 21                                    
               Claims 20 and 21, which depend from claim 19, require,                 
          respectively, that the temperature and the rate of varying are              
          altered in response to the monitoring of the initial growth                 
          pattern of the material layer.                                              
               The examiner argues, regarding claim 20, that “Lee teaches             
          altering an overall temperature trend from a first phase (lower             
          temperature limit) to a second phase (upper temperature limit)              
          (col. 5, lines 44-50)” (answer, page 10).  The examiner, however,           
          has not established that the altering is in response to                     
          monitoring of the initial growth pattern of the polysilicon.  The           
          examiner provides no argument regarding claim 21.                           
               We therefore reverse the rejection over Lee in view of                 
          Parker of claims 20 and 21.                                                 
                    Rejection over Roy in view of Parker and Lee                      
               The appellants’ claims 11 and 12, which depend from                    
          claim 10, require, respectively, oscillating during a heat-up               
                                         12                                           




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