Appeal No. 1997-0988
Application No. 08/199,910
phosphide is semiconducting, the substrate must be
semiconducting. Appellants define semi-insulating as having a
resistivity greater than 10 ohm-cm, which makes the3
resistivity of a semiconducting material less than 10 ohm-cm. 3
As the substrate is semiconducting, it has a resistivity of
less than 10 ohm-cm. Therefore, appellants have support in3
the specification for a substrate with a resistivity of less
3 3
than 10 ohm-cm. Consequently, we must reverse the new matter
rejection.
CONCLUSION
The decision of the examiner rejecting claims 26 through
31, 33, 34, 36 through 44, 46, 47, and 52 under 35 U.S.C. §
112, first paragraph, is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
PARSHOTAM S. LALL ) BOARD OF PATENTS
3As we have found sufficient support for the substrate's
resistivity within the specification, we need not consider the
affidavits of Dr. Dexter Johnson and Dr. Erdmann Frederick
Schubert.
7
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