Appeal No. 95-0634 Page 6
Application 07/962,322
not show this characteristic (a given for an inherency finding),
accuses the examiner of speculating, and states (without support)
that one skilled in the art would conclude otherwise. The PTO is
not equipped to perform tests. King, 801 F.2d at 1327, 231 USPQ
at 139. Consequently, we must rely on applicants to provide more
than a generalized demurrer in the face of the examiner's
reasonable interpretation of the reference.
12. We agree with Appellant that Yamazaki's Figures 3A
and 3B show no transition beneath
the gate reflecting impurity
diffusion from the drain (Paper 14
at 11-12), but one would not
expect them to show any
transition. Figures 3A and 3B
(lower right) show energy band
profiles of Yamazaki's Figure 2A-
2D embodiments. (4:58-5:21.)
They depict energy bands
vertically through the transistor
from the substrate 5 to the gate 1
to show how the clusters 3 act as
a trap. They do not depict energy
bands across the substrate 5 from
the source 14 to the drain 16.
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