Ex parte YOSHIDA et al. - Page 14




          Appeal No. 95-1555                                                          
          Application 07/871,530                                                      


               The Examiner also has rejected claims 16 through 21 under 35           
          U.S.C.  103 as being unpatentable over Tsuchiya and Kumagai.  On           
          page 11 of the brief, Appellants argue that neither Tsuchiya or             
          Kumagai teaches or suggests “a buried semiconductor layer of the            
          first conductivity type disposed on said semiconductor substrate            
          of the second conductivity type” as recited in claim 16.  The               
          Examiner argues in the final action that the lower portion of the           
          layer 3 of Kumagai meets this limitation because it is a diffuse            
          region.                                                                     
               After a careful review of Kumagai, we fail to find that the            
          lower portion of the Kumagai layer 3 meets a buried semiconductor           
          layer as recited in Appellants’ claim 16.  Appellants argue on              
          page 12 of the brief that claim 16 is directed to the embodiment            
          shown in Figure 18 of the Appellants’ drawing which shows a                 
          distinct layer 100.  We fail to find that Kumagai teaches a                 
          buried layer as recited in Appellants’ claim 16 and thereby we              
          will not sustain the Examiner rejection of claim 16 as well as              
          claims 17 through 21 that depend from claim 16.                             
               In view of the foregoing, the decision of the Examiner                 
          rejecting claims 10, 11, 14 and 15 under 35 U.S.C.  103 is                 
          affirmed; however, the decision of the Examiner rejecting claims            
          12, 13 and 16 through 21 under 35 U.S.C.  103 is reversed.                 

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