Appeal No. 2004-0581
Application No. 09/041,105
The examiner does not suggest to structurally modify
Yoshioka[’s] device such that during certain modes of
operation the second conduction type well relatively low in
impurity density is fully depleted. Yoshioka[’s] structure
is identical to the claimed structure. Thus, Yoshioka[’s]
structure can also operate at high voltage, such that a
RESURF occurs and the second conduction type well relatively
low in impurity density is fully depleted [as required by
appealed claim 1].
Significantly, the appellants do not dispute the examiner’s
position that the semiconductor device of Yoshioka includes
structural elements which correspond to each of the structural
elements recited in claim 1. Instead, the only distinction urged
by the appellants relates to the functional requirement of this
claim. Under these circumstances, wherein the only alleged
distinction between appealed claim 1 and Yoshioka involves the
appellants’ claimed functional requirement, it was entirely
appropriate for the examiner to take the position that Yoshioka’s
device necessarily and inherently would possess the same
functional characteristics as the here claimed device. See In re
Ludtke, 441 F.2d 660, 664, 169 USPQ 563, 566-67 (CCPA 1971). The
mere fact that Yoshioka contains no disclosure regarding this
function does not defeat the examiner’s unpatentability
determination. See In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997). The identity of
structural elements between Yoshioka’s device and the appellants’
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