Ex parte TSUJI - Page 7




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



          heating the pn junction under an overcurrent, said exothermic               
          body being provided in a neighborhood of the pn junction                    
          wherein the                                                                 


          exothermic body is a semiconductor layer formed below the pn                
          junction."  Emphasis added.  Thus, Appellant's claim 1                      
          requires a diode having an exothermic body for heating the pn               
          junction under an overcurrent.                                              
                    Upon a careful review of Muller, Shockley and Gosch,              
          we fail to find that these references teach or suggest an                   
          exothermic body for heating the pn junction under an                        
          overcurrent wherein the exothermic body is a semiconductor                  
          layer formed below the pn junction.  We agree with the                      
          Examiner that Muller is a general teaching of a pn-junction                 
          diode and that Muller fails to teach any additional layers.                 
          We agree with the Examiner that Gosch and Shockley teach a                  
          resistive layer, but we fail to find that either reference                  
          teaches an exothermic body placed below the pn junction for                 
          heating the pn junction during an overcurrent condition as                  
          recited in Appellant's claim 1.                                             

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