Ex Parte KORDINA et al - Page 5


          Appeal No. 2003-1852                                                        
          Application No. 09/415,402                                                  

          one of ordinary skill in the art to modify the Maeda []                     
          reference by the teachings of the Sugiyama [] and Balakrishna []            
          references to use of [sic] protective material in order to lower            
          the chance of impurities in the grown crystals.”  (Id.)                     
               We disagree.  Appealed claim 1 and the other independent               
          method claims, including claim 12 which is not rejected,                    
          recite, inter alia, the use of a silane and carbon source gas to            
          form vaporized species containing carbon and silicon, which are             
          then subjected to conditions suitable for crystal growth on the             
          seed crystal.  As pointed out by the appellants (supplemental               
          appeal brief, page 6; reply brief filed May 12, 2003, paper 27,             
          pages 1-3), none of the applied prior art references provide any            
          teaching or suggestion of this claim limitation.                            
               While the examiner argues that Maeda discloses that the                
          silicon source is a silane gas (answer, page 3), we note that               
          Maeda provides no indication that vaporized species containing              
          carbon and silicon are formed by reacting silane and carbon                 
          source gas.  Instead, Maeda (page 2, line 40 to page 3, line 5)             
          teaches the formation of solid-phase SiC from the gaseous                   
          reactants in an apparatus quite unlike the one recited in the               
          appealed claims.                                                            





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