Appeal No. 96-4103
Application 08/363,479
We construe the recitation in claim 21 of “an active
emitter layer of Al Ga As, where x#0.4" to require that the
x 1-x
layer satisfy the condition for x throughout the layer. Since
the graded layer of Ohshima when added to Yokoyama’s
transistor would have a value of 0.5 at the emitter boundary,
we find that the active emitter layer as recited in claim 21
is not anticipated by the graded layer of a modified Yokoyama-
Ohshima transistor as asserted by the examiner. Since the
examiner has not addressed the obviousness of limiting the
aluminum mole fraction of the graded layer of the modified
Yokoyama transistor to be less than or equal to 0.4, the
examiner has not established a prima facie case of the
obviousness of the limitation as recited in independent claim
21.
For the reasons just discussed, we do not sustain the
examiner’s rejection of independent claim 21 based on the
teachings of Yokoyama and Ohshima. Therefore, we also do not
sustain the rejection of claims 22-24 which depend therefrom.
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