Ex parte LEE et al. - Page 5




          Appeal No. 95-4292                                                          
          Application 07/962,544                                                      

          929, 933 (Fed. Cir. 1984).  These showings by the examiner are              
          an essential part of complying with the burden of presenting a              
          prima facie case of obviousness.  See, In re Oetiker, 977 F.2d              
          1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).                          
                    We consider first this rejection as it is directed                
          to claim 5.  Scovell discloses, as is depicted in Figures 1-7,              
          a collector which is comprised of “n-type” single crystalline               
          silicon  (Col. 1, lines 45-46).  Mesa 7 is comprised of “n-                 
          type” dopant and forms the emitter and does not comprise a                  
          pillar structure comprising a second dopant type extending                  
          from the base and away from the trenched surface.  Nor is the               
          “emitter. . . connected to the pillar structure at a surface                
          displaced from the base”; it is connected at the surface.                   
          Mesas 14 are comprised of “n-type” dopant and collector is                  
          comprised of n-type material.  Therefore, Scovell does not                  
          disclose “a collector of a first dopant type . . .  a pillar                
          structure, comprising a second dopant type” as recited in                   
          claim 5.  In addition, alignment mesas 14 do not extend from                
          the base 5 and are not connected to the emitter 7 as required               
          by claim 5.  As such, neither mesa 7 nor mesas 14 meet the                  
          limitations of claim 5.  We have reviewed the disclosure of                 

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