Ex parte EHMKE - Page 1




                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                         
                                    The opinion in support of the decision being entered today                                         
                                      (1) was not written for publication in a law journal and                                         
                                             (2) is not binding precedent of the Board.                                                

                                                                                                       Paper No. 16                    

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                          _____________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                 
                                                          _____________                                                                
                                                    Ex parte JOHN C. EHMKE                                                             
                                                          _____________                                                                
                                                       Appeal No. 1997-3443                                                            
                                                    Application No. 08/595,901                                                         
                                                          ______________                                                               
                                                             ON BRIEF                                                                  
                                                         _______________                                                               

               Before URYNOWICZ, THOMAS, and KRASS, Administrative Patent Judges                                                       

                                                        DECISION ON APPEAL                                                             


                       This appeal is from the final rejection of claims 13-16, 19-22 and 25-28.                                       
                       The invention pertains to infrared focal plane photodiode arrays.  Claim 13 is illustrative                     
               and reads as follows:                                                                                                   
                       13. A diode comprising:                                                                                         
                               (a)   a substrate of p-type group II-VI semiconductor material                                          
                               having a crystal lattice structure;                                                                     








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