Ex parte SCHLANGENOTTO et al. - Page 6




          Appeal No. 96-0341                                                          
          Application 08/005,760                                                      


               In view of the foregoing, it is evident from the disclosure            
          of Naito that the forward current flowing through the second                
          diode is greater than the forward current flowing through the               
          first diode because the first portion [zone] 31 is thinner than             
          portion [zone] 32, and because the diffusion potential of portion           
          [zone] 31 is lower than the diffusion potential of portion [zone]           
          32.  To be more exact, Naito has more forward current flowing               
          through the thicker base region (i.e., the region under                     
          portion/zone 31) in the second diode than through the thinner               
          base region (i.e., the region under portion/zone 32) in the first           
          diode.  Such a forward current flow in Naito is opposite to the             
          claimed greater forward current flow through the thinner base               
          region in the first diode.                                                  
               In view of the foregoing, the examiner has mistakenly                  
          concluded that the areas of the Naito diode device are inherently           
          dimensioned such that "a forward current flowing through said               
          first diode is greater than a forward current flowing through               
          said second diode by at least a factor of 2" (claim 1).  The                
          claimed forward current flows can never occur in Naito.  It is              
          for this reason that we are reversing the 35 U.S.C.  102(b)                
          rejection of claims 1, 2 and 4 through 12, and the 35 U.S.C.                
           103 rejection of claims 1, 13 and 14.                                     

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