Appeal No. 1999-1623
Application 08/474,239
layer, followed by region 8 indicating a silicon dioxide film, followed in turn by a second
epitaxial layer 9. Line 7 of page 6 of the translation indicates that there is formed in this
reference "a double-layer epitaxial structure." The details of the manufacture of Shoji’s
[Kouji’s] device begin with Figure 3 at the middle of page 6, again indicating that N-type
epitaxial layers 7 and 9 are separately formed. It is thus readily seen that regions 7 and 9
do not form a single volume of semiconductor material and that the insulating layer of
silicon dioxide labeled as region 8 is formed between the deposition of the first layer 7 and
the second layer 9, Figures 3 and 4, and can not be fairly stated to be formed "within" any
one region 7 or 9 as required by clause B of each independent claim 25, 26 and 41 on
appeal.
Because we do not sustain the rejection of each independent claim 25, 26 and 41
on appeal as being anticipated by Shoji [Kouji], we also reverse the rejection of dependent
claim 43 under 35 U.S.C. § 103 with the additional teachings provided by Birrittella, which
fails to cure the deficiencies of Shoji [Kouji] noted earlier. Since Shoji [Kouji] is utilized as
a basis for a separate rejection under 35 U.S.C. § 103 of independent claims 25 and 26,
that rejection as well must fall. The various drawings in Nakazato, for example, do not
indicate that a region of electrically insulating material is formed "within" a volume of
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