Ex Parte Johnson et al - Page 9




         Appeal No. 2006-1797                                                       
         Application No. 09/866,319                                                 

              region 18 is a narrow, medium doped spike in the doped                
              collector region of a high-voltage heterojunction bipolar             
              transistor. The inventive n-type dopant region is heavy               
              enough however to significantly delay the onset of the Kirk           
              effect, yet narrow enough to avoid creating a high-electric           
              field region of sufficient duration to degrade the breakdown          
              characteristics of the device.                                        
              Further, at page 11, lines 8-13, Appellants’ specification            
         states:                                                                    
              In accordance with the present invention, n-type dopant               
              region 18 has a width (measured vertically) that is less              
              than about 2000 Å, and a peak concentration that is greater           
              than a peak concentration of said collector region. More              
              preferably, n-type dopant region 18 has a vertical width of           
              from about 800 to about 1200 Å.  Another characteristic of            
              the inventive dopant region is that it has a doping level,            
              i.e., concentration, that is lower than that of the base              
              region.                                                               



              Thus, the claim does require an n-type dopant region having           
         a vertical width (W) that is sufficiently narrow to avoid                  
         lowering the collector base breakdown voltage and a dopant                 
         concentration sufficiently high to restrict base widening when             
         the base junction is forward biased.                                       


              Our reviewing court states that: “[W]hile features of an              
         apparatus may be recited either structurally or functionally,              
         claims directed to an apparatus must be distinguished from the             
         prior art in terms of structure rather than function.”  In re              
         Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed.           

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