Appeal No. 95-2503
Application No. 08/024,883
concentration and junction depth values to be “independent” is
irrelevant to this product-by-process claim because no
difference can be discerned from the structure shown in Figure
9 of Toyoshima and the structure (Figure 1 of the instant
application) obtained by the instant claimed invention, the
“independence” relating to the way the first and second
lightly doped regions are formed.
At page 13 of the principal brief, appellant contends
that:
Certainly, the depth of a junction represents a
structure. Similarly, the concentration of dopants
in a region is a structure. Therefore, the claimed
relationship of the doping concentrations and
junction depths is a structural limitation.
We simply do not understand how appellant can contend
that a selected doping concentration and a selected junction
depth represent structural limitations. The claim does not
require a specific physical junction depth; only that a
junction depth exists. Clearly, any lightly doped region,
such as the ones shown by Toyoshima, has some junction depth,
as claimed. With regard to the claimed “doping
concentration,” one cannot ascertain, by a physical
observation of regions, what the doping concentration is for
10
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