Appeal No. 2005-2533
Application No. 09/976,559
On page 8 of the brief, appellant groups claims 28, 29, 31 and 32, and
provides arguments as to why independent claim 28 is not anticipated by
Cockrum. Appellant argues that claim 28 recites forming a patterned doping
layer above the passivation layer and that Cockrum does not teach this limitation.
Appellant argues, on pages 8 and 9 of the brief:
In Figure 4E of Cockrum, the doping source layer 30 is not patterned. In
figure 4F, the doped layer 30 has been patterned by a “lift off” process due
to the removal of mask layer 26. However, this lift off process removes all
of those portions of source layer 30 that are above the passivation layer
18. Before this lift off patterning, source layer 30 is not patterned. After
this step, no part of source layer 30 remains above passivation layer 18.
In response the examiner states, on pages 9 and 10 of the answer:
Examiner respectfully disagrees. Pattern is defined as “to furnish, adorn,
or mark with a design.” [Examiner cites Merriam-Webster’s Collegiate
Dictionary 10th edition for definition.] It should be noted that independent
claim 28 does not require any specific design of the doping layer. Thus a
doping layer of any design formed above the passivation layer would
anticipate this element recited in independent claim 28.
In the Reply Brief, on page 2, appellant takes exception to the examiner’s
interpretation of the term pattern and argues that the examiner’s definition is
inconsistent with the interpretation of the term that would be understood by those
skilled in the art. Appellant argues, on page 3 of the Reply Brief:
In the present case, several of the pending claims recite “forming a
patterned doping layer” (claims 1, 28) or “patterning the doping layer”
(claims 6, 20, 33, 47). The specification clearly uses the term “patterning”
to mean a material removal process. For example, in a disclosed
embodiment “patterning” is equated to “etching”:
After formation of layers 14, 16, 18, 20 and 21, doping layer
21 is patterned to provide doped mesa 23 as shown in Figure 5. P-
doped layer 21 is etched using a photolithography formed mask
(not shown) and known wet etching techniques. The mask is then
-5-
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