Appeal No. 1997-4321
Application No. 08/050,693
suggests an impurity concentration of less than 1%" (page 7 of
Brief).
We are not persuaded by this argument because Wang
expressly teaches that "the Mn doping level is controlled by
varying this ratio of Zn/Mn nitrates in this original
solution" (page 34, column 1, first full paragraph, emphasis
added). Hence, we agree with the examiner that the
distinction between ZnS doped or alloyed with Mn is a
semantical one without significant difference. As for the
claimed amount of dopant of less than 1%, Wang discloses that
Mn is present in an amount of less than 0.1 (10%), which
encompasses the claimed amount of less than 1% (see page 33,
column 2, last paragraph). In addition, Wang evidences that
it was known in the art to dope ZnSe with Mn with an amount in
the range of greater than 0% and less than 0.55% (page 35,
column 2). In addition, as pointed out by the examiner, Wang
discloses that it was known to tune the band parameters and
lattice constants of the semi-conductor by varying the
composition and doping level of the Mn (see page 33, column 1,
first paragraph, and page 34, column 1, lines 15-17).
Accordingly, we agree with the examiner that it was known in
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