Ex Parte SHIBUYA et al - Page 3




               Appeal No. 1999-2464                                                                                                   
               Application No. 08/701,292                                                                                             


                       Claims 1 to 4 and 12 to 17 are rejected as unpatentable under 35 U.S.C. § 102(b) as                            
               anticipated by or, in the alterative under 35 U.S.C. § 103(a) as obvious over Maruyama.                                
               (Answer, p. 3).                                                                                                        
                                                           DISCUSSION                                                                 
                       We have carefully reviewed the claims, specification and applied prior art, including                          
               all of the arguments advanced by both the Examiner and Appellants in support of their                                  
               respective positions.  This review leads us to conclude that the Examiner’s §§ 102 and 103                             
               rejections are not well founded.                                                                                       
                       A fatal deficiency common to all of the rejections is the Examiner’s position that the                         
               crystalline grains of silicon column-like and/or cone-like structure, of Maruyama, are                                 
               partially separated from one another due to the presence of an amorphous phase such that                               
               light is reflected from one of the columnar silicon members to another columnar silicon                                
               member.  (Answer, p. 5).                                                                                               
                       Maruyama does not discuss the reflection of light from one crystalline grain of silicon                        
               to another crystalline grain of silicon.  The Examiner states “the amorphous periphery could                           
               be viewed as spacing the columnar members and thereby allowing light reflected from one                                
               grain to another.” (Answer, p. 5).  To the contrary, according to Maruyama, the amorphous                              
               layer at the surface of the solar cell, which covers the top of the crystalline grains, creates a                      

                                                                 -3-                                                                  




Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007