Ex parte LIU et al. - Page 10




            Appeal No. 96-4103                                                                           
            Application 08/363,479                                                                       


            the emitter layer.  The examiner asserts that it would have                                  
            been                                                                                         
            obvious to add Ohshima’s graded layer to Yokoyama’s transistor                               
            to improve the cut-off frequency of the bipolar transistor                                   
            [answer, page 5].                                                                            
            Appellants argue that neither Yokoyama nor Ohshima                                           
            even remotely suggests the structure of a ballast resistor                                   
            layer and an active emitter layer as recited in claim 21.  The                               
            examiner responds that the ballast resistor layer is met by                                  
            Yokoyama’s layer 14 of Al Ga As, and the active emitter layer                                
                                           0.5 0.5                                                       
            is met by Ohshima’s graded layer (wherein x=0 to 0.3) when                                   
            added to Yokoyama’s transistor as discussed above [answer,                                   
            page 13].                                                                                    
            Although neither Yokoyama nor Ohshima discloses that                                         
            an    Al Ga As layer should operate as both a ballast resistor                               
                      x  1-x                                                                             
            and an active emitter layer, we note that claim 21 merely                                    
            recites two such Al Ga As layers with each layer having a                                    
                                   x   1-x                                                               
            different range of the value of x.  We also note that                                        
            appellants’ own disclosure basically indicates that the dual                                 
            functions of ballast resistor and active emitter result                                      
            entirely from the selection of a larger aluminum mole fraction                               
            for the Al Ga As layer.  Thus, regardless of whether either                                  
                        x  1-x                                                                           
                                                   10                                                    



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