Ex Parte Deeney - Page 7




            Appeal No. 2003-2174                                                                              
            Application No. 09/915,071                                                                        


            181 USPQ 641, 646 (CCPA 1974). Appellant has not presented evidence that the active area          
            of a semiconductor functions at a lower temperature than the surrounding area that lacks          
            active regions.                                                                                   
                   Based on our consideration of the totality of the record before us, having evaluated       
            the prima facie case of obviousness in view of Appellant’s arguments, we conclude that the        
            subject matter of claims 8-13 would have been obvious to a person of ordinary skill in the art    
            from the combined teachings of the cited prior art for the reasons stated above and in the        
            Answer.                                                                                           
                                                CONCLUSION                                                    
                   The rejection of claims 1-7 under § 102(b) over Torres is affirmed.  The rejection         
            of claims 8-13 under § 103(a) over the combination of Torres and the admitted prior art           
            of Figure 1 is affirmed.                                                                          












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