Ex parte JOHNSON - Page 4




          Appeal No. 95-0326                                                          
          Application No. 07/877,253                                                  


               We fully agree with the appellant’s conclusion expressed in            
          the Briefs that the applied references and in particular                    
          Cunningham would not have suggested providing Anderson’s process            
          with the step of introducing a Group VI element onto the surface            
          of an active (i.e., doped) region as required by step (b) of the            
          independent claims on appeal.  This is because Cunningham, rather           
          than introducing such an element onto the surface of a doped                
          region, fabricates delta-doped layers of a Group VI element at a            
          distance from the metal-semiconductor junction (which corresponds           
          to the here claimed surface); e.g., see the paragraph bridging              
          columns 1 and 2 on page 2.  We do not perceive and the examiner             
          does not explain how Cunningham’s step of fabricating delta-doped           
          layers at a distance from his metal-semiconductor junction would            
          have suggested (or inherently practiced) the here claimed step of           
          introducing a Group VI element onto the surface of the active               
          (i.e., doped) region whereat the appellant’s metal-semiconductor            
          junction is to be formed.                                                   
               In light of the foregoing, we cannot sustain the examiner’s            
          § 103 rejection of claims 28 through 31, 33 through 36, 38, 39              
          and 43 as being unpatentable over Anderson taken with Cunningham.           
          Moreover, since the above discussed deficiencies are not supplied           
          by the Nagaoka references, we also cannot sustain the § 103                 

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