Appeal No. 1997-3512 Page 9
Application No. 08/482,034
reference. Accordingly, the rejection of claims 17, 18 and 20
under 35 U.S.C. § 103 is reversed.
With regard to the rejection of claims 19 and 21-23 as
unpatentable under 35 U.S.C. § 103 over Gaw in view of Liu, we
note that claim 19 depends from claim 17. In addition,
independent claim 21, from which claims 22 and 23 depend,
includes all of the limitations of claim 17 and additionally
adds that the emitter layer is GaInP. Since Liu does not cure
the deficiency of Gaw, the rejection of claims 19 and 21-23 as
unpatentable under 35 U.S.C. § 103 over Gaw in view of Liu
therefore falls for the same reasons as claim 17. Accordingly,
the rejection of claims 19 and 21-23 is reversed.
CONCLUSION
To summarize, the rejection of claims 17, 18 and 20 under
35 U.S.C. § 102(b)/103 is reversed. The rejection of claims
19, 21-23 under 35 U.S.C. § 103 is also reversed.
REVERSED
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