Appeal No. 1997-1757
Application No. 08/450,145
it is hindsight reconstruction of the instant claimed subject
matter for the examiner to conclude that Baliga suggests or
makes obvious different carrier lifetimes in two different
portions of the semiconductor layer. The examiner has failed
to establish a prima facie case of obviousness. Accordingly,
we will not sustain the rejection of claims 5, 7 and 8 under
35 U.S.C. § 103.
We have not sustained the rejection of claims 5, 7 and 8
under either 35 U.S.C. § 112, first or second paragraphs, or
under 35 U.S.C. § 103. Accordingly, the examiner’s decision
is reversed.
REVERSED
Errol A. Krass )
Administrative Patent Judge )
)
)
)
Lee E. Barrett ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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