Appeal No. 94-2080
Application 07/982,068
The rejection for lack
of written description
The appellants evidently represent that there is a mistake
in the specification as filed. Specifically, according to the
appellants, the plane of the wafer facet 8 in Figure 2A should
not be (110) as shown, but (01ù). The (01ù) orientation is
nowhere explicitly indicated in the specification as filed, but
is recited in the appellants’ claims now on appeal. That is the
basis of the lack of written description rejection.
In our view, from the perspective of one with ordinary skill
in the art a mistake apparently exists, since the wafer surface
plane and the wafer facet plane should be perpendicular to each
other and yet the (100) and (110) planes are not at right angles
to each other. However, because the (100) plane has been
described in the prior art as the substrate plane, see Castrucci
and Imaizumi, one with ordinary skill in the art would have
recognized that the mistake is associated with the (110)
designation for the wafer facet plane. Thus, the question is --
what is the correct designation for the wafer facet 8?
In their brief, the appellants explained in two different
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