Appeal No. 96-3700
Application 08/306,795
extend into the emitter and collector regions as claimed by
Appellants.
Chiu teaches a method of making a non-alloyed ohmic
contact. In column 1, lines 10-40, Chiu teaches that there is
a need to replace metal contacts with non-alloyed ohmic con-
tacts. Chiu teaches in column 2 a non-alloyed ohmic contact
having delta-doping layers. Chiu does not teach or suggest
that the delta-doped layers are to extend into the emitter and
collector regions.
We are not inclined to dispense with proof by evi-
dence when the proposition at issue is not supported by a
teaching in a prior art reference, common knowledge or capable
of unquestion-able demonstration. Our reviewing court re-
quires this evidence in order to establish a prima facie case.
In re Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8
(CCPA 1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268,
271-72 (CCPA 1966).
Furthermore, the Federal Circuit states that "[t]he
mere fact that the prior art may be modified in the manner
suggested by the Examiner does not make the modification
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