Ex parte HEBERT - Page 8




          Appeal No. 1999-0848                                                        
          Application No. 08/634,310                                                  


          burden is, therefore, upon Appellant to come forward with                   
          evidence or arguments which persuasively rebut the Examiner’s               
          prima facie case of obviousness.  Arguments which Appellant                 
          could have made but elected not to make in the Brief have not               
          been considered in this decision (note 37 CFR § 1.192).                     
               After reviewing Appellant’s arguments in response, we find             
          nothing more than bald assertions that a well region and a field            
          oxide thickness in the claimed range are not disclosed in                   
          Nakano.  These facts are not in dispute and, indeed, serve as               
          the starting point for the Examiner’s obviousness rejection as              
          discussed supra.  Since there is nothing in Appellant’s response            
          which could serve to persuade us of any error in the Examiner’s             
          reasoning, it is our opinion that Appellant has not met the                 
          burden of overcoming the Examiner’s prima facie case of                     
          obviousness.                                                                
               Appellant further argues (Brief, page 7) a lack of                     
          disclosure in Nakano of an etched recess portion in the field               
          oxide layer as well as a lack of any teaching of the enhancing              
          of breakdown voltage of a p-n junction.  We find neither of                 
          these arguments to be persuasive.  The fact that there is no                
          disclosure that the recessed portion of the field oxide layer in            
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