Ex parte CUNNINGHAM et al. - Page 4



          Appeal No. 95-3055                                                           
          Application No. 08/111,765                                                   

          via an affidavit of an expert in the field.  More particularly,              
          of record is an affidavit by Dr. Serge Luryi, filed April 1,                 
          1994.  We find that Dr. Luryi is clearly an expert in the field              
          of semiconductor devices in view of his education, degrees,                  
          authorship, research, patents and experience set forth on pages              
          1-2 of the affidavit.  While Dr. Luryi’s unsubstantiated                     
          statements, at page 2 of the affidavit, regarding enablement, are            
          not relevant to the issue of definiteness under 35 U.S.C. '  112,            
          second paragraph, we find his statements, at pages 2-3 of the                
          affidavit, regarding the meaning of specific claim language, to              
          be particularly relevant and enlightening.  More particularly,               
          Dr. Luryi states that it is “common and accepted practice among              
          semiconductor device physicists to refer to the ‘wave function of            
          a dopant atom’.”  Further, Dr. Luryi states that those skilled in            
          this particular art “know that this language stands for ‘the wave            
          function of an electron or hole on the dopant atom,’ as the case             
          may be.”  At the top of page 3 of the affidavit, Dr. Luryi                   
          contends that:                                                               
               It is an excellent approximation, and therefore                         
               customary in semiconductor device physics, to treat                     
               impurity (including dopant) atoms themselves as                         
               classical objects.  Thus the term “wave function of the                 
               dopant atom” gives rise to no confusion among those                     
               skilled in the art, since all skilled practitioners                     
               understand this usage to refer to the wave function of                  
               the electron or hole, as the case may be.                               




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