Appeal No. 1997-2691
Application 08/496,849
In view of the foregoing, we find that the Examiner did
not err in rejecting claims 1 and 3 under 35 U.S.C. § 103.
Therefore, we will sustain the decision of the Examiner.
On page 4 of the brief, Appellants argue that neither
Yamaka and Pellegrini teaches or suggests a Schottky barrier
infrared photovoltaic detector wherein the SiGe intermediate
layer has a thickness that is selected from a range of 10 to
800 angstroms. Appellants argue that this thickness adjusts
the barrier height and is not discussed in the cited
references.
Turning to Yamaka, we find that Yamaka teaches in Fig. 1
that the intermediate layer has a thickness of 1000 angstroms.
Therefore, we find that Yamaka does not teach a Schottky
barrier infrared photovoltaic detector wherein the SiGe
intermediate layer has a thickness that is selected from a
range of 10 to 800 angstroms. Therefore, we will not sustain
the Examiner's rejection of claim 2 as well as the rejection
of the dependent claims from claim 2, claims 4 through 7.
Therefore, the decision of the Examiner rejecting claims
1 and 3 under 35 U.S.C. § 103 is affirmed; however, the
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