Ex parte STUPP et al. - Page 7




                  Appeal No. 1997-3728                                                                                                                    
                  Application No. 08/323,311                                                                                                              

                           nonconductor.  Such extensive doping to achieve the conversion from a semiconductor                                            
                           to a conductor member is well known in the art and is referred to as degenerative                                              
                           doping.                                                                                                                        

                  U.S. Patent 3,633,078, column 3, lines 55 through 62.                                                                                   

                           We have identified other patents which suggest that the term “degenerate,” in referring to                                     

                  semiconductor material, is related to “degenerative” doping.  For example, the following section                                        

                  appears in U.S. Patent 5,338,944 (to Edmond et al.):                                                                                    

                                    As used herein, the term "degenerate" has its ordinary meaning; i.e., a                                               
                           semiconductor material which has been extremely heavily doped with desirable                                                   
                           impurities to give it a certain type of conductive character; i.e., a character which is                                       
                           more in the nature of a conductor than a semiconductor.                                                                        

                  U.S. Patent 5,338,944, column 4, lines 13 through 18.                                                                                   

                           Thus, there is extrinsic evidence to support appellants’ view that the Claim 9 limitation of                                   

                  “degeneratively doping these islands, thereby to render the islands conductive” would have been                                         

                  understood by the artisan to mean extensive or heavy doping that was beyond the norm.  Since the                                        

                  references upon which the rejection is based do not describe “degenerative” doping, and the examiner                                    

                  has not otherwise persuasively explained how the recitations of Claim 9 may be disclosed or suggested                                   

                  by the references, we do not sustain the Section 103 rejection of Claim 9.                                                              



                                                                   CONCLUSION                                                                             

                           The rejection of Claims 6-8 is affirmed.                                                                                       


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