Ex Parte BULUCEA et al - Page 9




         Appeal No. 2000-1483                                                      
         Application No. 08/851,608                                                


         Ueda or Jambotkar performs such a function, and it cannot be said         
         that this function is inherent, because it only comes about               
         through a specific combination of depths, we will not sustain the         
         rejection of claim 30 under 35 U.S.C. § 103, or of claim 31 which         
         depends therefrom (since Yamabe does not provide for the                  
         deficiencies of the other references).                                    
              Similarly, independent claims 32, 46, 52 and 54, as well as          
         the claims dependent thereon, contain equivalent limitations              
         regarding recitations of various spatial relationships between            
         depths and distances and how such relationships result in                 
         junction breakdown, or avalanche breakdown occurring away from            
         the trench and how there is a reverse bias around the breakdown           
         voltage (claim 52).  Since this is not inherent in the structure          
         of the references, and certainly not explicitly suggested                 
         therein, we will not sustain the rejection of any of these claims         
         under 35 U.S.C. § 103.                                                    










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