Appeal No. 2001-0032
Application No. 08/735,389
picking, choosing, and combining various disclosures not directly
related to each other by the teachings of the cited reference.”
In re Arkley, 455 F.2d 586, 587, 172 USPQ 524, 526 (CCPA 1972).
To arrive at the appellants’ combination of boron and carbon from
Baliga’s disclosure, however, one must pick boron from among four
disclosed p-type dopants (col. 3, lines 55-57) and carbon from
among six disclosed electrically inactive ions (col. 3, lines 33-
37). The examiner has not established that boron and carbon are
directly related by Baliga.
Accordingly, we find that the examiner has not established a
prima facie case of anticipation of the appellants’ claimed
invention by Baliga.
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