Ex parte TAKAHASHI et al. - Page 5




          Appeal No. 1997-2846                                                        
          Application 08/388,599                                                      



          portion of said second semiconductor layer and said third                   
          semiconductor layer, density Jpr of current flowing in said                 
          second semiconductor layer right under said third                           
          semiconductor layer when main current with magnitude                        
          corresponding to rated current of the device is passed between              
          said first main electrode and said second main electrode, a                 
          ratio m of said predetermined limit current value and said                  
          rated current, and resistivity P  of said second semiconductor              
                                          pn                                          
          layer right under said third semiconductor layer.                           
               The reference relied on by the Examiner is as follows:                 
          Temple         EP 0 159,663 A2               Oct. 30, 1985                  
               Claim 7 stands rejected under 35 U.S.C. § 102(b) as being              
          anticipated by Temple.                                                      
               Rather than repeat the arguments of Appellants or the                  
          Examiner, we make reference to the brief, reply brief and the               
          answer for the respective details thereof.                                  
                                       OPINION                                        
               After a careful review of the evidence before us, we                   
          disagree with the Examiner that claim 7 is anticipated under                
          35 U.S.C. § 102(b) by Temple.                                               
               It is axiomatic that anticipation of a claim under § 102               
          can be found only if the prior art reference discloses every                
          element of the claim.  See In re King, 801 F.2d 1324, 1326,                 
          231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann                            

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