Appeal No. 1996-4050
Application No. 08/410,375
lightly doped P-type substrate and N-type buried collector
regions, both NPN-type transistors are electrically isolated
from each other and should operate properly. The third type
columnar region is clearly that, a columnar region of the
substrate where the two bipolar transistors reside. Although
the third columnar region is part of the entire substrate,
this does not negate operability or enablement.
We find nothing in the claims or specification that
requires the “third columnar region”, recited in the claims,
to be a structure separate from the substrate. We read this
limitation as a particular portion, i.e., region, of the
substrate wherein the bipolar transistor column resides.
Consistent with this reading we find the specification to be
clearly enabling, and need not reach the declarations
submitted under Rule 132.
Therefore, we will not sustain the rejection of claims 1
through 20 under 35 U.S.C. § 112 as being based on a non
enabling disclosure.
The decision of the examiner rejecting claims 1 through
20 is reversed.
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