Appeal No. 1997-2846 Application 08/388,599 portion of said second semiconductor layer and said third semiconductor layer, density Jpr of current flowing in said second semiconductor layer right under said third semiconductor layer when main current with magnitude corresponding to rated current of the device is passed between said first main electrode and said second main electrode, a ratio m of said predetermined limit current value and said rated current, and resistivity P of said second semiconductor pn layer right under said third semiconductor layer. The reference relied on by the Examiner is as follows: Temple EP 0 159,663 A2 Oct. 30, 1985 Claim 7 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Temple. Rather than repeat the arguments of Appellants or the Examiner, we make reference to the brief, reply brief and the answer for the respective details thereof. OPINION After a careful review of the evidence before us, we disagree with the Examiner that claim 7 is anticipated under 35 U.S.C. § 102(b) by Temple. It is axiomatic that anticipation of a claim under § 102 can be found only if the prior art reference discloses every element of the claim. See In re King, 801 F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007