Ex parte FENG et al. - Page 10




          Appeal No. 1997-2859                                                        
          Application 08/340,676                                                      


          weather (column 1, lines 28 to 36).  Thus, we sustain the                   
          anticipation rejection of claim 18 over Hilton.                             
               Regarding claim 20, we have reviewed the positions of                  
          Appellants [brief, page 9] and the Examiner [final rejection,               
          page 3] and find that Hilton, contrary to Appellants' views,                
          contemplates the removal of the protective silicon layer by                 
          etching and refilling the "etched channels" with epitaxially                
          grown material, see Col. 3, Lines 41-52, albeit for a                       
          different purpose.  However, the purpose for such removal is                
          not material to the teaching of removal of the protective                   
          layer, per se.  This, combined with an expected economic need               
          for the removal of a protective layer rather than the whole                 
          window, lends support to the examiner's rejection.  Therefore,              
          we affirm the anticipation rejection of claim 20 over Hilton.               
               As to claim 22, Appellants have not presented any                      
          substantial arguments.  Still, we agree with the Examiner                   
          [final rejection, page 3] that Hilton has used silicon and                  
          gallium arsenide as the suitable materials in its IR device                 
          because of their hydrophilic nature, and thus Hilton meets                  
          claim 22.                                                                   
               Regarding claim 24, Appellants present the same arguments              
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