Ex parte WEINER et al. - Page 5




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


               teaching of the claimed single pulse?  In “Example                     
               2”, lines 58-61 of Ishida et al discuss varying the                    
               “number of pulses”, “pulse repetition rate”, and                       
               “laser energy fluence” and states that “Sample H6                      
               received 100 pulses . . . ”.  That certainly doesn’t                   
               teach a single pulse.  Col. 4, lines 22-28 of Ishida                   
               et al states “Control over dose is achieved by                         
               varying the number of laser pulses”.  Does that                        
               teach or suggest a single laser pulse?  The Examiner                   
               has referred to Claim 3 of Ishida et al as providing                   
               a teaching, but Claim 3 involves “applying a                           
               silicide layer” which relates to the GILD doping                       
               process.  [Emphasis original.]                                         
               We agree with appellants’ arguments.  Ishida does in fact              
          teach varying the number of laser pulses, but never teaches                 
          the use of a single pulse of laser energy as specifically                   
          required by the claims on appeal.  Inasmuch as every                        
          embodiment in Ishida requires that the doping process begin                 
          with a plurality of laser energy pulses (e.g., column 3, lines              
          42 through 51), and would not have suggested to one of                      
          ordinary skill in the art that the doping process should be                 
          initiated by a single laser energy pulse, the obviousness                   
          rejection is reversed.                                                      







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