Ex parte SAKUI et al. - Page 5




          Appeal No. 1997-3444                                                        
          Application 08/268,728                                                      

          Brief (Paper No. 46) has been denied entry as untimely (Paper               
          No. 48), and is not considered.                                             
                                       OPINION                                        
          Objection to specification                                                  
               While the objection to the specification is not within                 
          our jurisdiction, we advise the Examiner to consider                        
          withdrawing the rejection.  The complete specification will                 
          provide more information to the public sooner than one that                 
          has been redacted.                                                          


          Anticipation                                                                
               "Anticipation is established only when a single prior art              
          reference discloses, expressly or under principles of                       
          inherency, each and every element of a claimed invention."                  
          RCA Corp. v. Applied Digital Data Systems, Inc., 730 F.2d                   
          1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).                             
               Handbook                                                               
               The underlying question seems to be whether the reverse                
          base current (RBC) effect described and claimed by Appellants               
          is the same physical mechanism as latch-up in the avalanche                 
          breakdown region shown in the Handbook, just described in a                 

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