Appeal No. 1997-0988
Application No. 08/199,910
source of phosphorus whereby current flow is confined to
desired device paths.
No prior art references of record have been relied upon
by the examiner in rejecting the appealed claims.2
Claims 26 through 31, 33, 34, 36 through 44, 46, 47, and
52 stand rejected under 35 U.S.C. § 112, first paragraph, as
containing new matter.
Claim 49 is rejected under 35 U.S.C. § 102(e) over Boos,
Statutory Invention Registration No. H291. Appellants
indicate (Brief, page 3) that they are not appealing this
rejection. Accordingly, claim 49 is not before us.
Reference is made to the Examiner's Answer (Paper No. 51,
mailed September 4, 1996) for the examiner's complete
reasoning in support of the rejections, and to the appellants'
Appeal Brief (Paper No. 48, filed June 19, 1995) and Reply
Brief (Paper No. 52, filed October 29, 1996) for the
appellants' arguments thereagainst.
2We note that a rejection of claims 25 through 31, 33, 36
through 44, and 46 under 35 U.S.C. § 102(e) over Boos,
Statutory Invention Registration No. H291, and a rejection of
claims 25 through 49 under 35 U.S.C. § 103 over admitted prior
art in view of Boos were dropped by the examiner in the final
rejection mailed December 12, 1994. Accordingly, all
arguments concerning such rejections are considered moot.
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