Ex parte GARDNER et al. - Page 8




          Appeal No. 2000-0732                                                        
          Application No. 08/741,799                                                  


          thereon, under 35 U.S.C. 102(e) over Kato.  Since neither                   
          Wolf, Kuroi nor Aronowitz provides for the deficiencies of                  
          Kato, noted supra, and we find no reason to hold the                        
          implantation of layer 11 in Kato through the epitaxial layer                
          13 to have been obvious, we also will not sustain the                       
          rejection of claims 5, 7, 9, 12 and 13 under                                
          35 U.S.C. 103.                                                              
               Independent claims 19 and 44 are similar to claim 1                    
          except that they specifically recite the heavily-doped layer                
          as being a P+ layer including boron and that the material                   
          implanted is nitrogen.  Additionally, claim 44 requires two                 
          implantations and a final annealing step.  However, neither                 
          independent claim 19 nor independent claim 44 includes the                  
          claim 1 limitation of implanting “through a top portion of the              
          semiconductor body.”                                                        
               Accordingly, appellants’ arguments directed to implanting              
          “through a top portion of the semiconductor body” has no                    
          relevance to independent claims 19 and 44.                                  


               Further, appellants offer no argument regarding the P+                 
          nature of the dopant, that the layer includes boron or that                 
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