Ex parte KIZUKI et al. - Page 2




          Appeal No. 1998-0097                                                        
          Application No. 08/513,036                                                  


          the arsine gas in a range of from 8 x 10  Torr to 0.08 Torr-3                                  
          and a flow ratio of the arsine gas to the HC1 gas in a range                
          of from 0.25 to 2.5.  This appealed subject matter is                       
          adequately illustrated by independent claim 5 which reads as                
          follows:                                                                    
               5.  A method for producing a semiconductor device                      
          including dry etching an A1 Ga As (0 # x # 1) layer using a                 
                                     x  1-x                                           
          HC1 gas, arsine gas, and hydrogen supplied at the same time                 
          with a partial pressure of the arsine gas in a range of from 8              
          x 10  Torr to 0.08 Torr and a flow ratio of the arsine gas to-3                                                                      
          the HC1 gas in a range of from 0.25 to 2.5.                                 
                   The references relied upon by the Examiner as                     
          evidence of                                                                 
          obviousness are:                                                            
          Heyen et al. (Heyen) "Vapor Phase Etching of GaAs in a                      
          Chlorine System", Journal of Crystal Growth, Vol. 53, pp. 558-              
          162, (1981)                                                                 
          Van NT Blik et al. (Van NT Blik) "On the MOVPE Growth of Self-              
          Aligned Laser Structues", Journal of Crystal Growth Vol. 92,                
          pp. 165-170, (1988)                                                         
          Menigaux et al. (Menigaux)         4,648,940           Mar. 10,             
          1987                                                                        
               All of the appealed claims stand rejected under the first              
          paragraph of 35 U.S.C. § 112 as being based upon an original                
          disclosure which fails to provide written description support               
          for the invention now claimed.                                              

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