Appeal No. 95-0675
Application No. 08/070,487
or suggest a semiconductor device comprising a shallow tank of
opposite conductivity to the semiconductor body wherein the
shallow tank contains first and second PN junctions. Figure 1
of the present specification, the admitted prior art relied
upon by the examiner, depicts a shallow tank formed in a
semiconductor body having first and second PN junctions.
However, there is no teaching or suggestion in the admitted
prior art of irradiating a programming area within one of the
PN junctions. Hence, since there is no teaching or suggestion
in either Aswell or the admitted prior art, considered
singularly or collectively, to modify Aswell by providing a
shallow tank comprising first and second PN junctions, or of
submitting the device of the admitted prior art to the claimed
exclusive irradiation of a programming area within one and
only one of the PN junctions, we must conclude that the
examiner's legal conclusion of obviousness is based upon an
impermissible hindsight of appellants' specification.
Accordingly, we will not sustain the examiner's § 103
rejection.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
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