Appeal No. 2005-2533 Application No. 09/976,559 as mesas. Further, even if we were to consider “patterning” to require removal of material, which we do not, the claim does not identify what material is removed and during what stage of manufacture. Thus, the pattern is created by material removal, the removal of sections of the passivation layer (the transition from figures 4C to 4D), which provides the troths that produce the pattern in doping layer 30. For the forgoing reasons we sustain the examiner’s rejection of independent claim 28 and dependent claims 29, 31 and 32 under 35 U.S.C. § 102. We next consider independent claim 41. Initially, we note that appellant’s arguments, on pages 9 and 10 of the brief, group dependent claims 42 and 44 through 46 with independent claim 41. Appellant argues: [N]either Cockrum nor Rosbeck[1] show or suggest, “forming a patterned doping layer above the passivation layer.” Because the source layer 30 of Cockrum is not above the passivation layer 18 and is in direct contact with the p-type layer 12, no “a doped region extending through the passivation layer into the radiation absorption layer” is formed. Therefore, Cockrum does not show or suggest . . . every limitation of claim 41. In response the examiner states, on page 10 of the answer: Cockrum et al. expressly teach thermal diffusion from a patterned source layer 30 formed above the passivation layer 18 in order to form discrete n- type regions with the resultant p-n junctions underlie the passivation layer 18 …. A thermal diffusion from a patterned source layer 30 into Hg1-x CdxZnTe would drive dopant from the patterned source layer 30 into both the Hg1-xCdxZnTe radiation absorption layer (12) and the Hg1-xCdxZnTe passivation layer (18). Thus, Cockrum et al. disclose a doped region extending through the passivation layer into the radiation absorption layer. 1 We note that neither claim 41 nor any of the claims dependent upon claim 41 are rejected over Rosbeck alone or in combination. -8-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007