Ex parte TREGILGAS et al. - Page 4




          Appeal No. 96-0384                                         Page 4           
          Application No. 08/106,252                                                  


               The examiner relies on Jack for essentially disclosing                 
          the claimed process including the use of a cadmium telluride                
          capping layer for a mercury cadmium telluride substrate and                 
          annealing the capped substrate to support diffusion of an                   
          implanted chemical species from the capping layer into the                  
          substrate. The examiner acknowledges that Jack does not                     
          expressly teach that the capping layer should be tellurium                  
          rich (answer, pages 3 and 4). According to the examiner                     
          (answer, pages 4 and 5), however, the claimed process herein                
          would have been prima facie obvious to one of ordinary skill                
          in the art from the teachings of the applied references since               
          rendering the capping layer of Jack tellurium rich by doping                
          the layer with tellurium is suggested by Basol's teaching                   
          (column 2, lines 51-62) of using excess tellurium in the                    
          telluride layers of semiconductor processing materials                      
          together with Jack's teaching of the use of an implant                      
          chemical that is added to the capping layer to form a region                
          having a different composition or chemical concentration in                 
          the substrate by virtue of diffusion during the disclosed                   
          annealing step. We agree.                                                   









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