Appeal No. 1999-0887
Application No. 08/702,074
certain characteristics such as resistivity and Hall effect on
laboratory samples of cobalt doped silicon. We fail to see
how the laboratory sample measurement disclosure of Moore
would have any relevance to the semiconductor device structure
of Temple,
let alone the specific claimed doping of the device junction
termination region. There is nothing in the disclosure of
Temple to indicate that the regulation of the electrical
characteristics measured in Moore was ever a concern. It is
our opinion that
the only basis for applying the teachings of Moore to the
semiconductor device structure of Temple comes from an
improper attempt to reconstruct Appellants’ invention in
hindsight. Accordingly, since the Examiner has not
established a prima facie case of obviousness, the rejection
of independent claims 1 and 21, and claims 4, 5, 9-20, and 22-
36 dependent thereon, over the combination of Temple and Moore
is not sustained.
Turning to a consideration of the Examiner’s separate
35 U.S.C. § 103(a) rejection of independent claim 1, and
dependent claims 4 and 5, based on the combination of Temple
7
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