Ex parte KAPOOR - Page 6




          Appeal No. 96-4080                                                          
          Application 08/396,541                                                      


          structure for pixel arrays which include CMOS gates and                     
          suggests alternative pixel shapes and geometries such as                    
          hexagonal arrays are suggested.  In addition, we agree with                 
          the Examiner that Bulucea teaches a power MOSFET apparatus                  
          using a hexagon-shape trench in which the gate is positioned                
          in order to suppress oxide and that Sedra teaches a CMOS NAND               
          gate.   However, neither Huang, Buluccea nor Sedra teaches or               
          suggests arranging a hexagonal ANY element and a hexagonal ALL              
          element of an opposite conductivity of the conductivity of the              
          ANY element in which one of said first through sixth edges of               
          the ANY element is common with one of the first through sixth               
          edges of the ALL element as claimed by Appellant.                           
               We are not inclined to dispense with proof by evidence                 
          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 requires                
          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                   
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