Ex Parte Stockman et al - Page 11

               Appeal 2006-2769                                                                             
               Application 09/846,980                                                                       

               It can be inferred from this passage that the type of annealing (removing                    
               hydrogen from a p-type layer) employed, e.g., at a temperature of 600oC. or                  
               below (the temperature reached during “further cooldown”) is dependent on                    
               desired time periods for activation of the p-type layer.  In re Preda, 401 F.2d              
               825, 826, 159 USPQ 342, 344 (CCPA 1968).  This passage would have                            
               provided one of ordinary skill in the art with a reasonable expectation of                   
               successfully annealing Bour’s p-type layer using any and all of the above                    
               temperatures in the presence of nitrogen at given activation time periods.                   
               Preda, 401 F.2d at 826, 159 USPQ at 344.  Therefore, using a combination                     
               of further cooling down and heating Bour’s p-type layer at workable                          
               activation temperatures (below 600o C. and/or at 600o C.) to obtain desired                  
               activation time is well within the ambit of one of ordinary skill in the art.                
               Boesch, 617 F.2d at 276, 205 USPQ at 219 (“[D]iscovery of an optimum                         
               value of a result effective variable in a known process is ordinarily within                 
               the skill of the art.”).  This is especially true in this situation since the                
               claimed process involving heating the p-type layer to 600o C. from a cool-                   
               down temperature just below 600o C. (e.g., 599.9999o C.) is essentially                      
               identical to Bour’s activation step involving cooling the p-type layer to and                
               then maintaining it at about 600o C.  Compare Titanium Metals Corp. of Am.                   
               v. Banner, 778 F.2d at 783, 227 USPQ at 779(A prima facie case of                            
               obviousness exists when the claimed range and the prior art range do not                     
               overlap but are close enough such that one skilled in the art would have                     
               expected them to produce products having the same properties).  As is                        
               apparent from the Appellants’ admission at page 3 of the Specification, one                  
               of ordinary skill in the art recognizes that the annealing temperatures at or                


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