Ex parte EHMKE - Page 5




               Appeal No. 1997-3443                                                                                                 
               Application No. 08/595,901                                                                                           


               telluride (CdHgTe) to n-type material by way of ion implantation/etching so as to cause damage                       
               in the p-type CdHgTe material.  At column 9, lines 29-35, Baker has a teaching to the same                           
               effect.                                                                                                              
                       With respect to the rejection of claims 13-16, 19-22 and 25-28 as obvious over Baker and                     
               Mc Adoo under 35 U.S.C. § 103, appellant does not argue against the obviousness of combining                         
               the teachings thereof, but merely asserts the same alleged deficiencies of Baker.  Because we                        
               have found no such deficiencies in Baker, we will sustain the obviousness rejection of these                         
               claims.                                                                                                              
                No time period for taking any subsequent action in connection with this appeal may be                               
               extended under 37 CFR § 1.136(a).                                                                                    
                                                           AFFIRMED                                                                 




                                      STANLEY M. URYNOWICZ, JR.      )                                                              
                                      Administrative Patent Judge                   )                                               
                                                                          )                                                      
                                                                           )                                                      
                                                                          )   BOARD OF PATENT                                    
                                     JAMES D. THOMAS                        )     APPEALS AND                                      
                                     Administrative Patent Judge                  )    INTERFERENCES                               
                                                                           )                                                      
               )                                                                                                                    
               )                                                                                                                    
                                     ERROL A. KRASS                              )                                                 
                                      Administrative Patent Judge                 )                                                 


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