Ex parte FONASH et al. - Page 9




          Appeal No. 1997-1319                                                        
          Application 08/290,227                                                      


          implantation step whereas the claimed invention recites a                   
          process without using ion implantation.                                     
          Our first observation is that Chiang uses ion                               
          implantation as an improvement, and Chiang recognizes that the              
          process could be performed without ion implantation.  Note                  
          that Chiang compares the results of ion-implanted amorphous                 
          silicon films to as-deposited (non-implanted) amorphous                     
          silicon films [column 4, lines 40-51].  Thus, Chiang seems to               
          suggest the process without ion implantation as claimed, but                
          Chiang finds the implanted embodiment to be superior.                       
          Our second observation is that the claimed recitation                       
          “without use of ion implantation” appears to be contrary to                 
          the invention as set forth in appellants’ disclosure.  Figure               
          3 of appellants’ application depicts the formation of a thin                
          film material according to the invention.  Figure 3 shows a                 
          deposition reactor 44 in which an amorphous film is deposited               
          from a source material 46 which is doped by dopants 48 during               
          the deposition process.  We fail to see how a process which                 
          includes such a doping step can be said to be “without use of               
          ion implantation.”                                                          


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