Appeal No. 1997-3514 Page 5
Application No. 08/303,566
lower than 270-350EC to obtain the high photoelectric conductivity required for the photo-
semiconductor applications envisioned by both references.
Because the Examiner failed to provide any evidence or convincing rationale that one of
ordinary skill in the art would have found it obvious to conduct the process at the combination of
temperatures and pressures required by claim 1, the independent claim, we conclude that the Examiner
has failed to establish a prima facie case of obviousness with respect to the subject matter of claim 1
and claims 2-13 which depend therefrom. We note that neither Kenmotsu nor Dohjo, as relied on by
the Examiner to reject the various dependent claims, fill the evidentiary gap.
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