Ex parte WEINER et al. - Page 4




          Appeal No. 1998-1577                                                        
          Application No. 08/593,766                                                  


               The examiner is of the opinion (Answer, pages 3 and 4)                 
          that Ishida discloses substantially all of the method steps                 
          including “directing a single pulse of high laser energy onto               
          selected regions of a silicon member to produce lightly doped               
          regions in the silicon,” and controlling dosage by “varying                 
          either the laser energy or by varying the number of pulses.”                
          The examiner concludes (Answer, page 4) that “[i]t would have               
          been obvious to one of ordinary skill in the art to have used               
          the method of Ishida to make an LDD device and to have varied               
          the number of pulses, the laser energy, the duration of the                 
          pulse(s) and the wavelength of the pulse(s) for the reasons                 
          given in Ishida (column 3, lines 35-45; column 4, lines 22-                 
          28).”                                                                       
               Appellants argue (Brief, pages 7 and 8) that:                          
               A detailed review of Ishida et al clearly refutes                      
               the Examiner’s statement, since nowhere in Ishida et                   
               al is there a teaching of using a single pulse of                      
               high laser energy.  For instance, in “Example 1” of                    
               Ishida et al (Col. 3, lines 23-45) it states that                      
               Figure 3 of Ishida et al presents results for “a                       
               sample which received 20 non-melt pre-dep pulses and                   
               15 drive-in pulses at 175 ns melt duration”; and                       
               “The non-melt dose as a function of laser energy and                   
               as a function of number of pulses is shown in                          
               Figures 4 and 5" of Ishida et al.  Lines 35-37 of                      
               Col. 3 of Ishida et al discuss “varying the number                     
               of pulses”.  Where in “Example 1” is there a                           
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