Ex parte WANG et al. - Page 3




          Appeal No. 96-3700                                                          
          Application 08/306,795                                                      



          enhanced mobility and conductivity in a lateral direction of                
          said base region parallel to said first and third regions,                  
                    said delta-doped layers extending into the emitter                
          region and into said collector region.                                      
                    The Examiner relies on the following references:                  
          Levi                        4,926,221          May 15, 1990                 
          Chiu et al. (Chiu)          5,013,685          May  7, 1991                 
          Kuo et al. (Kuo), "Planarized Be *-Doped Heterostructure                    
          Bipolar Transistor Fabricated Using Doping Selective Contact                
          and Selective Hole Epitaxy," 30 Japanese Journal of Applied                 
          Physics,  no. 2B, L262-L265 (February 1991).                                


                    Claims 12 through 16 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Levi, Kuo and Chiu.                        
                    Rather than reiterate the arguments of Appellants                 
          and the Examiner, reference is made to the brief and answer                 
          for the respective details thereof.                                         
                                       OPINION                                        
                    We will not sustain the rejection of claims 12                    
          through 16 under 35 U.S.C. § 103.                                           
                    The Examiner has failed to set forth a prima facie                
          case.  It is the burden of the Examiner to establish why one                
          having ordinary skill in the art would have been led to the                 

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