Ex Parte Bullied et al - Page 4

              Appeal 2007-1488                                                                        
              Application 10/809,072                                                                  
          1         Monte   US 5,062,468  Nov. 5, 1991                                                
          2                                                                                           
          3         Monte   US 5,062,469  Nov. 5, 1991                                                
          4                                                                                           
          5         With respect to the first rejection, the Examiner’s position is that              
          6   although Monte ‘468 or Monte ‘469 does not describe a grain selector                    
          7   having the configuration (a helix, a three-dimensional bend, a staircase, or            
          8   zigzag) recited in the claims, a person having ordinary skill in the art would          
          9   have found it obvious to use a helical grain selector as shown in Burd in               
         10   either Monte ‘468 or Monte ‘469 because such helical grain selectors have               
         11   conventionally been used in the art.  (Answer 3.)  Conversely, in the second            
         12   rejection, the Examiner determined that although Burd differs from the                  
         13   claimed system in that it does not describe a seed crystal for initiating               
         14   epitaxial growth, the teachings of Monte ‘468 and Monte ‘469 would have                 
         15   led one of ordinary skill in the art to provide Burd’s system with a seed               
         16   crystal “to ensure only single crystal is grown in the mold cavity and thereby          
         17   reduce the scrap rate.”  (Answer 3-4.)  In the third rejection, the Examiner            
         18   found that although Giamei does not describe a grain selector support, the              
         19   teachings of Monte ‘468, Monte ‘469, and, in particular, Burd would have                
         20   led one of ordinary skill in the art to modify Giamei’s system to include a             
         21   grain selector support that would “assume the load imposed on the crystal               
         22   selector...”  (Answer 4.)                                                               
         23         Applicants, on the other hand, contend that Monte ‘468 and Monte                  
         24   ‘469 limit the configuration of the crystal (grain) selector to “simple single          
         25   two-dimensional bends” and therefore teach away from “more complex                      
         26   grain selector configurations” such as “a helix, a three-dimensional bend, a            
         27   staircase, and a zigzag.”  (Appeal Br. 7-8 and 9-10.)  Applicants further               


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