Ex Parte Shi - Page 3



          Appeal No. 2005-1353                                                        
          Application No. 09/851,839                                                  

               The following rejections are before us for review in this              
          appeal:                                                                     
               (1) claims 1-11, 25-27, 29-31 and 39-40 stand rejected under           
          35 U.S.C. § 103(a) as unpatentable over Pessa in view of Hayakawa           
          (Answer, page 3);                                                           
               (2) claims 12-16 and 18-22 stand rejected under section                
          103(a) as unpatentable over Pessa in view of Hayakawa and                   
          Ogasawara (Answer, page 5);                                                 
               (3) claims 17 and 23-24 stand rejected under section 103(a)            
          as unpatentable over Pessa in view of Hayakawa, Ogasawara, and              
          Grunthaner (Answer, page 7); and                                            
               (4) claims 32-33 stand rejected under section 103(a) as                
          unpatentable over Pessa in view of Hayakawa, Ogasawara,                     
          Grunthaner, and Kubiak (Answer, page 8).                                    
               Based on the totality of the record, including due                     
          consideration of appellant’s Brief and Reply Brief and the                  
          examiner’s Answer, we reverse all of the rejections on appeal               
          essentially for the reasons stated in the Brief, Reply Brief, and           
          for those reasons set forth below.                                          
          OPINION                                                                     
               The examiner finds that Pessa discloses a method of                    
          depositing a GaAs film on the surface of a Si or GaAs substrate,            
          where an effusion cell 3 contains Ga atoms and an effusion cell 4           
          contains As4 molecules (Answer, page 3).  The examiner further              
          finds that Pessa teaches opening a shutter 6 in front of the As             
          cell allowing a vapor beam of As4 molecules to act on the surface           
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