Ex parte TONAI - Page 4




          Appeal No. 97-0168                                                           
          Application No. 08/348,991                                                   


                                       OPINION                                         
               We have carefully considered the claims, the applied                    
          prior art references, and the respective positions articulated               
          by the appellant and the examiner.  As a consequence of our                  
          review, we will reverse the inadequate written description                   
          rejection of claims 23, 25, 28, 30 through 34, 37, 38, 41, 42,               
          44, 46, and 48.                                                              
               The examiner states that "[t]he 'p-n junction of the                    
          collecting region is exposed to an edge surface'  is new3                           
          matter, not originally disclosed or described here."  The                    
          examiner further asserts                                                     
               that there was no mention anywhere in the                               
               specification of any "junction exposed at an edge",                     
               nor was there any indication that the drawings here                     
               represent the entire device or that the boundaries                      
               of the drawing represent physical boundaries or                         
               "edge surfaces" of the device, and absent any                           
               specific indication, there would be no reason to                        
               suppose that the drawings were supposed to represent                    
               a physical "edge" of the device, rather than merely                     
               draftsman's conventions.  (answer, page 4)                              
               We disagree with the examiner.  We find that the language               
          used in the specification in combination with the drawings                   


               The actual language of the claims, as amended on November 28, 1994, is3                                                                      
          "a boundary between said one collecting region and said absorption layer is  
          exposed to an edge surface of the device."                                   
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