Appeal No. 94-2080
Application 07/982,068
ways why the wafer facet plane should be (01ù), based on the
(100) orientation of the substrate surface and the (010) and
(001) orientations of the rectangular shape cut into the
substrate. The examiner, however, evidently concluded that the
drawings or diagrams used in the explanations constitute new
matter and cannot be considered. The examiner is incorrect. As
the appellants correctly point out in their reply brief, the
arguments and presentations in the brief are not any portion of
the specification but are the arguments and explanations of the
appellants as to why the examiner has erred. Accordingly, the
explanations must be considered.
Based on the explanations, the appellants have, at the very
least, established a prima facie case why the wafer facet plane,
based on the orientations given for the various other planes in
the original specification, i.e., the substrate plane, and the
planes of the side walls of the rectangular recess, is the (01ù)
plane, and thus the (01ù) designation only makes explicit what is
implicit. The examiner has offered no evidence or valid
reasoning to refute the appellants’ contentions.
The test for determining compliance with the written
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