Ex Parte Hartzell - Page 2



         Appeal No. 2006-1712                                                  
         Application No. 10/131,551                                            

             forming, by thin-film layer-formation processing, a precursor     
         body of such material on the substrate,                               
             selecting a volumetric region in that body which is suitable      
         (a) for the creation therefrom of the desired device configuration    
         and (b) for the establishment therein of the desired set of           
         crystalline-structure-related mechanical properties,                  
             within the processing zone, subjecting the selected region to     
         a controlled changing of the crystalline structure therein, and       
         thus of the related mechanical properties, and performing this        
         subjecting step in a manner which avoids any heat-related damage      
         to the underlying supporting substrate, and                           
             by that processing, achieving, in the selected region, the        
         desired set of mechanical properties.                                 
             The examiner relies upon the following references as evidence     
         of obviousness:                                                       
         Aklufi et al. 6,176,922 B1 Jan. 23, 2001                              
         (Aklufi)                                                              
         Hartzell US 2003/0196590 A1 Oct. 23, 2003                             
         (Patent Application Publication, filed Apr. 23, 2002)                 
         Hartzell US 2003/0196592 A1 Oct. 23, 2003                             
         (Patent Application Publication, filed Apr. 23, 2002)                 
         Hartzell US 2003/0196593 A1 Oct. 23, 2003                             
         (Patent Application Publication, filed Apr. 23, 2002)                 
         Im et al. (Im) WO 97/45827 Dec.  4, 1997                              
             Claims 1-22 stand rejected under 35 U.S.C. § 112, second          
         paragraph.  Claims 1-22 also stand rejected under 35 U.S.C.           
         § 103(a) as being unpatentable over Im in view of Aklufi.  In         
         addition, the appealed claims stand rejected under the judicially     
         created doctrine of obviousness-type double patenting.                

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