Ex parte HILL et al. - Page 7




          Appeal No. 1997-3512                                       Page 7           
          Application No. 08/482,034                                                  

          characteristics.”  It is the examiner’s position (final                     
          rejection, page 3; and answer, page 4) that it would therefore              
          have been obvious to have selected the doping concentration of              
          base layer 12 to be approximately the same or the same as                   
          layer 13 “as desired in order to meet device characteristics                
          such as reducing the spreading resistance due to high doping                
          concentration which, in turn, increases in [sic: the]                       
          operational speed of the transistor” (final rejection, page                 
          3).  The fact that Gaw discloses that the doping concentration              
          of base layer 12 can be modified to meet device                             
          characteristics does not suggest the specific doping                        
          concentration of base layer 12 set forth in the claims.  We                 
          find that Gaw teaches away from providing both base layers                  
          with approximately the same doping concentrations by                        
          specifically providing for a heavily doped layer on top of a                
          lighter doped layer to affect the magnitude of the                          
          accelerating field in order to enhance current flow.                        
               Appellants’ position (brief, bridging pages 4 and 5)is                 
          that:                                                                       
               Claim 17 is nonobvious over Gaw in part because that                   
               reference teaches away from the claimed invention.                     
               Gaw teaches away from any doping configuration other                   
               than that shown in Figure 1 by teaching that an                        







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