Appeal No. 1999-1666
Application No. 08/847,319
used in a metal organic chemical vapor deposition
(MOCVD)process. Melas fails to teach or suggest that these
materials are used in any other processes other than MOCVD for
fabricating a semiconductor wafer or that these materials
offer any benefit that is independent of the MOCVD process and
could be carried over into other processes of fabricating
semiconductor wafers. Furthermore, we find that the examiner
has failed to substantiate the allegation that the dopant
species taught by Melas are conventional dopant sources used
in a gas phase doping process.
Accordingly, we find that the examiner’s rejection fails
to point to some teaching, suggestion, or motivation found
either in the prior art relied upon or in knowledge generally
available to one of ordinary skill in the art that would
support using an organic compound like that taught by Melas in
place of the compound taught by Kiyota for directly doping a
semiconductor wafer. In re Fine, 837 F.2d 1071, 1074; 5
USPQ2d 1596, 1598 (Fed. Cir. 1988); In re Jones, 958 F.2d 347,
351; 21 USPQ2d 1941,
1943-44 (Fed. Cir. 1992).
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