Appeal No. 1997-4321
Application No. 08/050,693
would have been considered truly unexpected by one of ordinary
skill in the art in light of the Wang disclosure. In re Merck
& Co., 800 F.2d 1091, 1099,
231 USPQ 375, 381 (Fed. Cir. 1986); In re Klosak, 455 F.2d
1077, 1080, 173 USPQ 14, 16 (CCPA 1972). Furthermore, the
examiner has lodged the valid criticism that the specification
results are hardly commensurate in scope with the degree of
protection sought by appealed claim 11, which embraces any
semiconductor material of the recited diameter having a dopant
level of less than 1%. In re Grasselli, 713 F.2d 731, 743,
218 USPQ 769, 778 (Fed. Cir. 1983); In re Clemens, 622 F.2d
1029, 1035, 206 USPQ 289, 296 (CCPA 1980).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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