Appeal No. 96-0285
Application 07/900,528
diffusion is not the same as forming the component by
deposition [second reply brief].
The examiner clearly reads the claimed emitter of
appellants’ claim 12 on emitter 82 of Lechaton [answer, page
4]. We agree with appellants that the emitter 82 of Lechaton
is formed by diffusing dopants from the emitter contact into
the emitter region. Thus, the emitter itself in Lechaton is
the region 82 which is formed by diffusion. The deposited
polysilicon emitter contact layer does not form the emitter of
the transistor.
We agree with appellants that the last step of claim
12 requires that the emitter itself be formed by the step of
deposition. The claim cannot be reasonably construed to
permit the emitter contact or the circuit element itself to be
deposited. Thus, the claim must be construed as requiring the
formation of the emitter region by deposition. Since Lechaton
forms the emitter region by diffusion rather than deposition,
we do not sustain the rejection of claim 12 as anticipated by
the disclosure of Lechaton.
10
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