Appeal No. 2002-0575
Application No. 09/477,982
rejection, page 3) that Sugiura discloses the use of nitrogen and hydrogen gases while growing
layers in a LED. Notwithstanding the use of such gases, the examiner has failed to show that the
two gases are used at specific times to form specific layers in the LED.
With respect to the specifically claimed step of forming the first undoped layer of gallium
nitride and the indium gallium nitride layer at the same temperature, the examiner turns to Yuasa
which teaches (column 22, lines 44 through 51) that the two layers may be formed at substantially
the same temperature in the presence of an organic radical. Appellants’ arguments (reply brief, page
2) to the contrary notwithstanding, nothing in the claims on appeal precludes the presence of the
organic radical during the formation of the two different layers.
In summary, the examiner has failed to set forth a prima facie case of obviousness because
Amano, Sugiura and Yuasa neither teach nor would have suggested to one of ordinary skill in the art
to sandwich a layer of indium gallium nitride between two undoped layers of gallium nitride, and to
form such layers in a nitrogen atmosphere. Thus, the obviousness rejection of claims 18 through 23
is reversed.
The decision of the examiner rejecting claims 18 through 23 under 35 U.S.C. § 103(a) is
reversed.
REVERSED
4
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007