Ex parte NISHIZAWA - Page 6




                Appeal No. 95-3573                                                                                                            
                Application No. 07/839,704                                                                                                    


                         In response to the examiner’s rejection of claim 57 under                                                            
                the fourth paragraph of 35 U.S.C. § 112 as being redundant with                                                               
                claim 55, appellant argues (Brief, page 25) that “‘connected’ in                                                              
                claim 55 may be interpreted to refer to any type of connection,”                                                              
                and that “‘electrically connected’ in claim 55 is a properly                                                                  
                recited further limitation.”  We agree.  The rejection of claim                                                               
                57 under the fourth paragraph of 35 U.S.C. § 112 is reversed.                                                                 
                         Appellant’s response to the prior art rejections of the                                                              
                claims on appeal is an argument (Brief, pages 3, 11 and 21, and                                                               
                second Reply Brief, pages 1 and 2) that none of the applied                                                                   
                references shows a pn junction that forms a depletion layer                                                                   
                extending into the channel region to “at least nearly” pinch-off2                                                             
                the channel region in the absence of a bias voltage applied to                                                                
                the gate region.  We agree.  Cade clearly indicates (column 8,                                                                
                lines 8 through 18) that the entire channel region is completely                                                              
                pinched-off, and the Electronics publication merely states that                                                               
                the transistor is “cut off.”  Thus, all of the obviousness                                                                    
                rejections are reversed because Ishitani, Schuermeyer, Jenne,                                                                 



                         2All of the independent claims on appeal either recite that                                                          
                a depletion layer is formed extending into the channel region to                                                              
                “at least nearly pinch-off” the channel region, or that a                                                                     
                potential distribution forms a potential barrier “which                                                                       
                approaches a pinch-off.”                                                                                                      
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