Appeal No. 1999-1623
Application 08/474,239
independent claim require the sequential forming in step B followed then by an additional
sequential forming in step C of certain regions within the volume initially recited in the first
subclause A of each independent claim. In claim 25, for example, after the volume of
semi-conductor material has been provided in clause A, at least one region of electrically
insulating material is "then" formed "within" that volume, where that electrically insulating
material includes a part of the volume of the semi-conductor material itself, further requiring
that the region of electrically insulating material be spaced from the pair of opposite
surfaces of the volume itself. Independent claims 26 and 41 each require that a pair of
regions be formed in step B "within" the volume of semi-conductor material.
It is these recitations of independent claims 25, 26 and 41 on appeal that form the
basis of a reversal of the rejections under 35 U.S.C. § 102 as being anticipated by Shoji
[Kouji]. Even the abstract accompanying the translation indicates that the N-type epitaxial
layer 7 is formed first and then the second N-type epitaxial layer 9 is formed.
The examiner’s position and persistent view during the prosecution that the semiconductor
volume of the claims includes layers 7 and 9 in Shoji [Kouji] Figure 2, for example, is
misplaced. Shoji’s [Kouji’s] end product shown in Figure 2 appears to correspond to the
final product of the method of manufacturing Figures 3-6. According to the description at
lines 9-15 of page 5 of the translation, the numeral 7 indicates an N-type first epitaxial
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007