Appeal No. 2003-2124
Application No. 09/769,162
Appellants urge that their specification disclosure that the
layer of phosphorous doped oxide acts as a barrier to oxygen is
not an admission that this knowledge is prior art. However,
appellants have failed to offer any explanation how the
phosphorous doped oxide layer of Nakajima does not also,
necessarily, act as a barrier to oxygen.
In conclusion, based on the foregoing, appellants' request
is granted to the extent that we have reconsidered our decision,
but denied with respect to making any change therein.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
DENIED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
CHUNG K. PAK ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CHARLES F. WARREN )
Administrative Patent Judge )
ECK:clm
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