Ex parte LEE et al. - Page 7




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

          to modify the structure of Scovell.  Therefore, we will not                 
          sustain the examiner’s rejection of claim 7 or of claim 8                   
          dependent therefrom.                                                        
                    Claim 9 also recites that the pillar structure and                
          “the semiconductor of a first dopant type having a surface and              
          a pillar extending away from said surface.”  The mesas 7 and                
          14 of Scovell do form a pillar extending away from the base 5.              
          The “semiconductor of the second dopant type” is connected to               
          the surface and not to a pillar.  We have reviewed the                      
          disclosure of Havemann and have concluded that Havemann does                
          not cure the deficiencies of the Scovell reference nor privide              
          motivation to modify the Scovall device as proposed by the                  
          examiner.  Therefore, we will not sustain the examiner’s                    
          rejection of claim 9 and claim 11 dependent therefrom.                      




                    In view of the foregoing, the decision of the                     
          examiner is reversed.                                                       
                                      REVERSED                                        





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