Appeal No. 96-1583
Application 08/066,618
region is formed in a substrate of a first conductivity type
by implanting ions of a second conductivity type using at
least two different energy levels. The implanting at the
lower energy level forms the
active base region whereas the implanting at higher energy
level proceeds deeper into the substrate than the lower energy
level implantation "so as to form a more lightly doped first
conductivity typed substrate region near said base region."
Appealed claims 1, 2, 4, 5 and 8 stand rejected under 35
U.S.C. § 103 as being unpatentable over Zdebel.
We have carefully considered the opposing arguments
presented on appeal. In so doing, we find that the applied
prior art fails to establish a prima facie case of obviousness
for the claimed subject matter. Accordingly, we will not
sustain the examiner's rejection.
The appealed claims call for using a low energy implanta-
tion into the substrate "so as to form an active base region".
While the examiner cites Zdebel at column 14, lines 3-6, for
disclosing "using two implants for different penetrations for
3
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