Appeal No. 2001-0032
Application No. 08/735,389
such that layer remains crystalline’ in the instant application”
(answer, page 3).
The appellants’ specification discloses an embodiment
wherein boron atoms are implanted into an SiC crystal, then
carbon atoms are implanted, and “[a]fter that, the SiC crystal is
heated for annealing” (page 6, line 36 - page 7, line 10). This
method, wherein the SiC is crystalline initially and remains
crystalline, is the embodiment in the appellants’ independent
claims (6 and 7) wherein step (b) is performed after step (a).
Therefore, the examiner’s argument that there is no explicit
disclosure of implanting carbon atoms into the SiC such that it
remains crystalline clearly is incorrect as to this embodiment.
Moreover, the examiner’s argument does not provide the required
reasoning as to why one of ordinary skill in the art would not
have considered the appellants’ specification, which describes
this embodiment and does not disclose any embodiment wherein the
SiC becomes amorphous, to be inadequate for reasonably indicating
possession of a method wherein the SiC remains crystalline when
the boron is implanted after or simultaneously with the carbon.
See In re Alton, 76 F.3d 1168, 1175, 37 USPQ2d 1578, 1583 (Fed.
Cir. 1996).
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