Appeal No. 1999-2838
Application No. 08/812,848
established how Zommer provides any teaching or suggestion of
the implant dosage recited in appealed claim 1.
After reviewing the Zommer reference, we are in agreement
with Appellant’s position as stated in the Briefs, i.e. the
Examiner has not satisfied the burden of establishing how the
volumetric impurity concentration value set forth in atoms/cm3
in Zommer satisfies the claimed implant dosage requirement
expressed as an area value in atoms/cm . We are in particular2
agreement with Appellant’s contention that there is simply not
enough information in Zommer so as to enable a skilled artisan
to convert the disclosed volumetric impurity concentration value
to a specific implant dosage value. As pointed out by Appellant
(Reply Brief, page 2), an infinite number of implant dosage
values could result in the volumetric impurity concentration
expressed in Zommer; however, without specific diffusion
characteristic information such as depth and profile which is
lacking in Zommer, it is impossible to convert Zommer’s
concentration value to a specific implant dose as claimed. In
our view, any suggestion by the Examiner to assign
characteristics such as ion acceleration, peak concentration,
and annealing profiles from Appellant’s specification to the
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