Appeal No. 95-0347
Application 08/056,681
Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir.),
cert. denied, 484 U.S. 827 (1987).
Moreover, the examiner has the initial burden of
establishing prima facie anticipation by coming forward with
evidence tending to disprove novelty. In re Wilder, 429 F.2d
447, 450, 166 USPQ 545, 548 (CCPA 1970). A prima facie case
means the evidence of prior art would reasonably allow the
conclusion the examiner seeks and compels such a conclusion if
the applicant produces no evidence or argument to rebut it. In
re Spada, 911 F.2d at 707 n.3, 15 USPQ2d at 1657 n.3 (Fed. Cir.
1990).
We agree with the appellants that the examiner has not
established prima facie anticipation.
The claims recite a field effect transistor, not a
thyristor. A thyristor is a semiconductor device having at least
three junctions (The New IEEE Standard Dictionary of Electrical
and Electronic Terms, Fifth Ed., 1993, at page 1372 / page
attached), and should not be confused with a field effect
transistor (Semiconductor Devices, Heathkit-Zenith Educational
Systems, 1978, at page 8-3 / page attached). The examiner does
4
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007