Ex parte PATEL - Page 9




          Appeal No. 96-0471                                                           
          Application 07/995,582                                                       

               Appellant argues that there is no suggestion to combine                 
          because Tasch is directed to increasing breakdown voltages and               
          not to minimizing junction breakdown voltage instabilities due               
          to surface effects as in the present invention.  "[T]he Tasch,               
          Jr. et al. reference could not possibly address the issue of                 
          junction breakdown voltage instabilities since the reference                 
          itself teaches and discloses the termination of the                          
          metallurgical junction on the surface."  (Br10.)  The examiner               
          responds that Tasch discloses lowering the field crowding,                   
          which stabilizes the junction breakdown voltage of a trench-                 
          type device, which "is very similar to the objection [sic,                   
          object] of the claimed invention" (EA10).  The examiner                      
          further states (EA11):  "[T]he original specification never                  
          shows the P+ region extends up to the sidewall of the trench.                
          Therefore, it is not necessary for Tasch to show such a                      
          structure."                                                                  
               The examiner's obviousness rejection relies on the § 112,               
          first paragraph, lack of written description rejection in the                
          sense that the examiner states that it is not necessary for                  
          Tasch to show the base region (claim 1) or the first polarity                
          region (claim 11) extending to the sidewalls of a trench,                    

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