Appeal 2006-2769
Application 09/846,980
III. REJECTION
The Examiner has rejected the claims on appeal as follows:
1) Claims 1, 3 through 5, 12 through 30, 31 through 35, and 42
through 60 under 35 U.S.C. § 103(a) as unpatentable over the combined
disclosures of Bour, Koike and Furukawa;;
2) Claims 6, 9, 11, 36, 39, 40, and 41 under 35 U.S.C. § 103(a) as
unpatentable over the combined disclosures of Bour, Koike, Furukawa, and
Takatani;
3) Claims 10 and 50 under 35 U.S.C. § 103(a) as unpatentable
over the combined disclosures of Bour, Koike, Furukawa, Takatani, and
Peng;
4) Claims 13 and 43 under 35 U.S.C. § 103(a) as unpatentable
over the combined disclosures of Bour, Koike, Furukawa, and Peng; and
5) Claims 7, 8, 37, and 38 under 35 U.S.C. § 103(a) as
unpatentable over the combined disclosures of Bour, Koike, Furukawa, and
Nitta.
IV. ISSUE
1. Would one of ordinary skill in the art have been led to anneal, after
cooling, a grown p-type III-V nitride layer at a temperature higher than a
cooling temperature, but less than 625oC within the meaning of 35 U.S.C.
§ 103?2
2 This issue is dispositive to all of the rejections set forth in the Answer. As
is apparent from the Brief and the Reply Brief, the Appellants’ arguments
raise only this issue.
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