Ex parte TSUJI - Page 5




          Appeal No. 95-3885                                                          
          Application 08/172,051                                                      



          that Muller, Shockley and Gosch fail to teach forming an                    
          exothermic body below a pn junction for heating the pn junc-                
          tion under an overcurrent as claimed in Appellant's claim 1.                
          Appellant further argues that Muller, Shockley and Gosch fail               
          to teach forming a first epitaxial layer of a first conductiv-              
          ity type with a high resistivity between a semiconductor                    
          substrate and a second epitaxial layer as claimed in Appel-                 
          lant's claim 5.  Finally, Appellant argues that Muller,                     
          Shockley and Gosch fail to teach providing an exothermic body               
          below a pn junction and between a semiconductor layer and a                 
          substrate as claimed in claim 8.                                            
                    In the answer, the Examiner argues pages 3 and 4 as               
          well as on pages 6 and 7 that the prior art teaches the                     
          claimed structure and that the combination of Muller, Shockley              
          and Gosch is proper.  In particular, the Examiner points out                
          on page 3 that Muller teaches "an ordinary diffused diode of a              
          p-type region into an n-type layer."  The Examiner does not                 
          rely on Muller for                                                          





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