Ex parte HILL et al. - Page 8




          Appeal No. 1997-3512                                       Page 8           
          Application No. 08/482,034                                                  

               “accelerating field acts to sweep electrons from                       
               layer 13 to layer 12.”  See col. 4, lines 50-58.                       
               Gaw goes on to say that “the magnitude of the                          
               accelerating field is a function of doping                             
               concentration differential and band gap differential                   
               between layer 12 and layer 13.”  To overcome this                      
               deficiency of Gaw, the Examiner refers to col. 3,                      
               lines 49-51, where Gaw states that layer 12 consists                   
               of a GaAs layer having a doping concentration                          
               “selected to meet desired device characteristics.”                     
               But Gaw does not teach or suggest any desired device                   
               characteristics other than for the highly doped                        
               “p++” layer over the lighter-doped “p” layer.                          
               Absent any other teaching or suggestion, Gaw’s                         
               comment concerning “desired device characteristics”                    
               is empty of meaning.  Put differently, the                             
               accelerating field is the entire gist of Gaw’s                         
               teaching, and its existence depends on the doping                      
               concentration differential.  Therefore, one skilled                    
               in the art would not be motivated by Gaw to practice                   
               the invention described in Claim 17, which involves                    
               layers of approximately the same doping                                
               concentration.  Indeed, the skilled artisan would be                   
               taught away from such a structure.                                     
               We are in agreement with appellants that Gaw does not                  
          teach or suggest any desired device characteristics other than              
          the highly doped “p++” layer on top of the lighter doped “p”                
          layer and that a skilled artisan would be taught away from                  
          making the two base layers with approximately the same doping               
          concentration.  Merely stating that the doping concentration                
          of a layer may be selected to meet desired device                           
          characteristics is not sufficient to suggest a specific doping              
          concentration that is contrary to the express teaching of the               







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