Ex parte LEE - Page 12




          Appeal No. 1997-3979                                                        
          Application No. 08/586,365                                                  

          Eklund's p-type region 61 with a peak doping concentration                  
          within the p-type layer at less than 700 angstroms from its                 
          upper surface.                                                              
          Appellant makes several arguments against obviousness.                      
          One is that the claimed device not Eklund's base region must                
          be "relatively thick" because it must accommodate the                       
          thickness of the emitter region formed therein and that the                 
          artisan therefore "would not have been motivated to reduce the              
          depth of the base region 61 to that of the claimed dimensions"              
          (Brief at 8).  We agree with this argument, which the examiner              
          did not specifically address in the Answer.  Although, as the               
          examiner correctly notes, Doki discloses a base region whose                
          peak doping concentration within the P-type layer is less than              
          700D from the upper surface (e.g., 340D as depicted in                      
          Fig. 13B), Eklund's p-type layer 61 must be thick enough to                 
          accommodate the emitter region 89, which is disclosed as                    
          having a thickness of 140nm, or 1,400D.  Therefore, using                   
          Doki's technique to form Eklund's p-type region 61 would                    
          appear to result in a p-type region having a peak doping                    
          concentration located more than 1,400D from the surface of the              
          p-type region, which is greater than the 700D permitted by                  

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