Ex parte SHOR et al. - Page 10




          Appeal No. 96-4052                                                          
          Application 08/198,511                                                      

          on the area of the surface where it is required" (col. 7,                   
          lines 22-24), which meets claim 31.                                         
               The rejection of claim 31 is sustained.  Appellants have               
          not argued the separate patentability of claims 33 and 34.                  
          Thus, the rejection of claims 33 and 34 is also sustained.                  

          Claims 35-39                                                                
               This group of claims is directed to the contact.  Forrest              
          discloses "applying a potential to the compound semiconductor"              
          (col. 1, lines 51-52), but does not describe an ohmic contact               
          on the top layer or that the contact is removed after etching.              
               The examiner states that "[o]bviously a contact is needed              
          for electrochemical etching, and removing it afterward is at                
          least obvious" (FR2; EA3).  Appellants argue that Forrest does              
          not disclose forming contacts on the compound semiconductor                 
          and "[h]ence, we do not know if the contacts used in the                    
          Forrest et al. process are ohmic contacts (Applicant's claim                
          35), . . . or whether the contacts are removed after the                    
          etching process (Applicant's claim 39)" (Br7).                              
               We agree with the examiner.  A contact is required to                  
          attach the electrical wire to the semiconductor.  Kohl, which               
          is a photoelectrochemical etching process for p-type                        
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