Appeal No. 96-0285
Application 07/900,528
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the recited functional limitations. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,
1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
The examiner purports to read claim 12 on the
disclosure of Lechaton [supplemental answer, page 4].
Appellants’ argument basically concerns only the last step of
claim 12 which states “forming an emitter of said at least one
circuit element deposited within said spacer on said sidewalls
of said aperture.” According to appellants, the emitter 82 of
Lechaton is not obtained by deposition, but rather, is
obtained by diffusion of dopants from polysilicon regions 58B
and 72. Appellants argue that forming a circuit component by
appropriate sections. Appellants have not contested the
section of the statute relied on in making the rejection.
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