Ex parte TANAKA et al. - Page 9




          Appeal No. 96-0462                                                           
          Application 08/165,513                                                       

          no correspondence whatsoever between surface resistivity and                 
          resistivity, which are expressed in different units."                        
               We find that surface resistance is proportional to                      
          resistivity.  See Sze, Physics of Semiconductor Devices                      
          (2d ed., John Wiley & Sons 1981), pages 30-32 (equations 49                  
          and 49a) (copy attached).  The Examiner should have provided a               
          reference on this disputed fact and not required us to find it               
          for ourselves.  However, we find no convenient formula                       
          interrelating surface resistivity (the term in the claim) and                
          resistance in the direction of the layer thickness; the                      
          Examiner admits that he found none (EA9).  It is not clear                   
          what the Examiner's reason is for finding that "[t]he                        
          1 MS/square point is overlapped by the range of the resistance               
                       5     2                                                         
          being 1 to 10  S/cm  for a thickness of 10-300 nm" (FR4), since              
          the units of surface resistivity (S/G) are not the same as the               
          units for resistance in the direction of the layer thickness                 
          (S/cm ).  It appears that the Examiner's statement is merely2                                                                       
          unsupported speculation that the surface resistivity is                      
          inherent.  We agree with Appellants' argument that "[s]ince                  
          Hanyu et al. make no reference whatsoever to any surface                     
          resistivity values, there is nothing in that patent which                    

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