Appeal No. 2004-0078
Application No. 09/920,420
be uniform throughout the layer as the concentration is in the p-
region of cap layer 16 in Rosbeck.
For the foregoing reasons, we determine that the examiner has
not established a prima facie case of obviousness in view of the
reference evidence. Accordingly, we cannot sustain the examiner’s
rejection of claims 1-5 and 11-15 under 35 U.S.C. § 103(a) as
unpatentable over Rosbeck in view of Kataoka.
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