Ex parte WILLS et al. - Page 3




                 Appeal No. 95-0675                                                                                                                     
                 Application No. 08/070,487                                                                                                             


                 permanently altered.  The method includes forming first and                                                                            
                 second PN junctions in a shallow tank of conductivity opposite                                                                         
                 that of the semiconductor body, "and irradiating exclusively a                                                                         
                 programming area within one and only one of said PN junctions                                                                          
                 with a laser beam."                                                                                                                    
                          Appealed claims 20 and 23-31 stand rejected under                                                                             
                 35 U.S.C. § 102(b) as being clearly anticipated by Japanese                                                                            
                 '654 (equivalent to U.S. '729) and under 35 U.S.C. § 102(c)                                                                            
                 and (g) as being anticipated by U.S. Application 07/233,184,                                                                           
                 now abandoned.   Claims 20 and 23-31 also stand rejected under2                                                                                                             
                 35 U.S.C. § 103 as being unpatentable over Aswell in view of                                                                           
                 the admitted prior art.                                                                                                                
                          Upon careful consideration of the opposing arguments                                                                          
                 presented on appeal, we will not sustain the examiner's                                                                                
                 rejections.  Our reasoning follows.                                                                                                    
                          We consider first the rejection of the appealed claims                                                                        
                 under § 102 over U.S. '729.  The examiner relies upon Figures                                                                          
                 4 and 5 of the reference for depiction of laser irradiating                                                                            


                          2Since there is general agreement between the examiner                                                                        
                 and appellants that Japanese '654, U.S. '729 and the abandoned                                                                         
                 application provide identical disclosures, we will limit our                                                                           
                 discussion to U.S. '729.                                                                                                               
                                                                         -3-                                                                            




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