Ex parte JIMENEZ et al. - Page 7




          Appeal No. 1997-2691                                                        
          Application 08/496,849                                                      


               On page 6 of the answer, the Examiner provides the                     
          following rationale: one of ordinary skill in the art at the                
          time the invention was made would have been motivated to use                
          the Pellegrini guard ring to prevent current leakage in the                 
          Yamaka Schottky barrier infrared photovoltaic detector.  We                 
          note that the Appellants have not argued that this is an                    
          improper rationale.  Upon our review of the references, we                  
          find that one of ordinary skill in the art would have reason                
          to combine Pellegrini's guard rails so as to prevent current                
          leakage as disclosed and suggested by Pellegrini in col. 4,                 
          lines 25-27, with the Yamaka's Schottky barrier infrared                    
          photovoltaic detector.                                                      
               On page 4 of the brief, Appellants argue that neither                  
          Yamaka nor Pellegrini teaches that SiGe intermediate layer has              
          a Ge concentration selected from a range of 1% to 40%.  The                 
          Examiner responds to this argument on page 7 of the answer                  
          stating that Yamaka discloses that the Ge concentration in the              
          SiGe layer is a concentration of 30%.                                       
               We find in col. 3, lines 4-61, that Yamaka teaches that                
          the SiGe intermediate layer has a Ge concentration of 30%.                  


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