Ex Parte Visokay et al - Page 6



         Appeal No.  2005-1503                                                      
         Application No. 10/165,888                                                 
         IV. The 35 U.S.C. § 103 rejection of claims 7 and 8 as being               
              obvious over Duncombe in view of Lin                                  
              We consider claim 7 in this rejection.                                
              The examiner’s position for this rejection is set forth on            
         page 6 of the answer.  Appellants’ position is set forth at the            
         bottom of page 3 and at the top of page 4 of the brief.                    
              Appellants argue the same arguments regarding the                     
         aforementioned deficiencies in Duncombe.  Appellants argue that            
         Lin adds nothing regarding the ion bombardment required by claim           
         1.                                                                         
              As discussed, supra, Duncombe does not disclose ion                   
         bombardment.  Lin does not cure this deficiency of Duncombe.               
              Hence, for the reasons discussed, supra, we also reverse the          
         35 U.S.C. § 103 rejection of claims 7 and 8 as being obvious over          
         Duncombe in view of Lin.                                                   

         V.  Conclusion                                                             
              The 35 U.S.C. § 112, second paragraph, rejection is                   
         affirmed.                                                                  
              Each of the art rejections is reversed.                               








              No  time  period  for  taking  any  subsequent  action  in            
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