Appeal No. 95-3885
Application 08/172,051
the teaching of an exothermic body as recited in Appellant's
claims 1 and 8 or for the teaching of a first conductivity
type with a high resistivity between a semiconductor substrate
and a second epitaxial layer as recited in Appellant's claim
5. The Examiner argues that Shockley and Gosch teach a
semiconductor thermal resistor. However, the Examiner states
on page 3 of the answer that Shockley and Gosch fail to
teach placing the semiconductor thermal resistor below a pn
junction of the diode. The Examiner argues that Shockley and
Gosch suggest to one of ordinary skill in the art to modify
the Muller diode to place the semiconductor thermal resister
below a pn junction of the Muller diode in order to achieve
stabilizing results as taught in Shockley.
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998).
Turning first to Appellant's claim 1, we note that
the claim recites a "diode comprising: a semiconductor
substrate; a pn junction . . .; and an exothermic body for
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