Appeal No. 96-1763
Application No. 08/056,941
an area for a current path of said second conductivity type formed in a portion of
said cap layer and extending from said cap layer to said upper cladding layer, wherein
said area for a current path is an area containing impurities at a concentration different
from said cap layer; and
an ohmic contact electrode covering substantially an entire upper surface of said
cap layer.
The prior art references of record relied upon by the Examiner in rejecting the
appealed claims are:
Dixon et al. (Dixon) 4,124,826 Nov. 7, 1978
Marschall et al. (Marschall) 4,359,775 Nov. 16, 1982
Noda et al. (Noda) 4,847,844 Jul. 11, 1989
Kobayashi 4,941,146 Jul. 10, 1990
(filed Jun. 28, 1989)
Claims 1, 5, 6 and 11 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Kobayashi in view of Marschall and Dixon. Claims 1, 2 and 5-12 stand rejected under
35 U.S.C. § 103 as being unpatentable over Kobayashi in view of Marschall, Dixon and
Noda.
Rather than reiterate the conflicting viewpoints advanced by the Examiner and the
4
appellants, we make reference to the briefs and answers for the details thereto.
4The Examiner responded to the brief with an examiner's answer mailed August 8, 1995, (Paper
No. 19). We will refer to this examiner's answer as simply the answer. The Examiner responded to the
reply with a supplemental examiner's answer mailed December 27, 1995, (Paper No. 27).
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