Ex Parte Fitzgerald - Page 6



          Appeal No. 2005-0864                                       Page 6           
          Application No. 09/859,0864                                                 

          require that element 50 of Figure 9B constitutes a structure                
          corresponding to appellant’s claimed “ion-implanted dopant supply           
          in at least one of the relaxed SiGe layer and the SiGe cap layer,           
          the dopant supply extending along said channel and having an ion-           
          implanted dopant profile.”  See page 4 of the reply brief.                  
               In this regard, we agree with appellant that the examiner              
          has not explained where Murakami offers any detailed description            
          of the profiles of the P+ regions (50, Fig. 9B) that would                  
          necessarily describe a dopant supply extending along the channel            
          with the claimed type of profile.1  Inherency cannot be                     
          established based on conjecture and/or probabilities or                     
          possibilities.  See In re Oelrich, 666 F.2d 578, 581, 212 USPQ              
          323, 326 (CCPA 1981).                                                       
               On this record, we reverse the stated § 102(b) rejection.              

                                 § 103(a) Rejection                                   
               The examiner does not explain how Chu would have suggested             
          employing a channel dopant supply with the claimed type of                  
          profile in Murakami.  Consequently, we also reverse the                     
          examiner’s § 103(a) rejection, on this record.                              

               1 See appellant’s brief, pages 5-8 and the reply brief.                





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007