Appeal No. 96-3700
Application 08/306,795
obvious unless the prior art suggested the desirability of the
modification." In re Fritch, 972 F.2d 1260, 1266 n.14, 23
USPQ2d 1780, 1783-84 n.14 (Fed. Cir. 1992), citing In re
Gordon,
733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
"Obviousness may not be established using hindsight or in view
of the teachings or suggestions of the inventor." Para-Ord-
nance Mfg., 73 F.3d at 1087, 37 USPQ2d at 1239, citing W. L.
Gore, 721 F.2d at 1551, 1553, 220 USPQ at 311, 312-13.
The suggestion of Chiu is not to modify the Levi
emitter and collector regions but to place on top of these
regions the Chiu non-alloyed ohmic contact. However, even by
providing this modification, Appellants' claimed invention
would not have been met because the delta-doped layers would
not have extended into the emitter and collector regions.
We have not sustained the rejection of claims 12
through 16 under 35 U.S.C. § 103. Accordingly, the Examiner's
decision is reversed.
REVERSED
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