Appeal No. 1996-4073
Application No. 08/345,917
invention."
Para-Ordnance Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085,
1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995) (citing W. L. Gore
& Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220
USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984)).
With regard to claim 31 Appellants argue:
[A]ppellants claim “a semiconductor substrate, a
first epitaxial layer formed on a first side of said
semiconductor substrate, a second epitaxial layer
formed on a second side of said semiconductor
substrate, said first and second sides of said
semiconductor substrate oppose one another, said
first epitaxial layer is an anode of said light
emitting diode, said second epitaxial layer is an
anode of said detector diode, and said semiconductor
substrate is a common cathode of said integrated
light emitting diode and detector diode”. In
particular, the light emitting diode is integrated
with the detector diode, both share a common cathode
(substrate). (Brief-page 5.)
Looking at all references cited by the Examiner, we
find none that teach or suggest, individually or in
combination, the claimed structure recited supra. No
reference has a common substrate cathode with an epitaxial
anode on each side of the substrate. Rutz and Rideout have
separate cathodes and anodes for each diode on each side of a
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