Appeal No. 1997-3979
Application No. 08/586,365
§ 103 rather than anticipation (e.g., by inherency) under §
102, which requires that each element of the claim in issue be
found, either expressly described or under principles of
inherency, in a single prior art reference. In re King,
801 F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986).
The § 102 rejection of claim 19 over Doki is therefore
reversed.
E. The § 103 rejection of claims
8-10 over Eklund in view of Doki
Eklund discloses a method for forming an emitter junction
for a bipolar transistor in a BiCMOS integrated circuit (col.
2, lines 33-48). Figures 3-10 show the construction steps of
such a device, with Figure 3 showing an intrinsic base region
61 for constructing a bipolar transistor (col. 4, lines 3-10).
Figure 4 shows a mask 66 covering all but a small area over
intrinsic base 61 to permit removal of the oxide layer 60 and
polysilicon layer 64 over part of the intrinsic base region 61
in order to make room for an emitter contact (col. 5, lines
35-43). Referring to Figure 5, after the mask 6 is removed, a
polysilicon layer 68 is deposited and then it and underlying
-8-
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