Appeal No. 95-3885
Application 08/172,051
Upon a review of the references relied upon by the
Examiner, we fail to find any suggestion or reason to place
the
Shockley or Gosch resistive layer within the Muller diode
below
the pn junction. To the contrary, we find that the Shockley
teaching would have led those skilled in the art to place the
resistive layer on top of the Muller diode. Furthermore, none
of the references suggest that the resistive layer is to be
used to heat the pn junction, but in fact suggest that such
heating is not desirable. Therefore, we will not sustain the
rejection of claims 1, 3 and 5 through 8 under 35 U.S.C. § 103
as being unpatentable over Muller, Shockley and Gosch.
We have not sustained the rejection of claims 1, 3
and 5 through 8 under 35 U.S.C. § 103. Accordingly, the
Examiner's decision is reversed.
REVERSED
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