Ex Parte Mitra - Page 10


                 Appeal No. 2005-2533                                                                                  
                 Application No. 09/976,559                                                                            

                        We disagree with appellant’s arguments.  Claim 1 contains the limitation                       
                 “forming a patterned doping layer above the passivation layer.”  This limitation is                   
                 virtually identical to the “forming a patterned doping layer” of claim 28, and we                     
                 consider it to have virtually identical scope.  As discussed supra, we find that                      
                 Cockrum does teach forming a patterned doping layer as claimed in claim 28.                           
                 Accordingly, we sustain the examiner’s rejection of independent claim 1 and                           
                 dependent claims 2, 4 and 5 for the same reasons stated supra with respect to                         
                 claim 28.                                                                                             
                        We next consider the examiner’s rejection of independent claim 14 and                          
                 dependent claims 15, 17 through 19.  Appellant argues, on page 11 of the brief:                       
                        . . . [N]either Cockrum nor Rosbeck 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 “doped region extending through the passivation                        
                        layer into the wider bandgap layer and the radiation absorption layer” is                      
                        formed.                                                                                        
                        We concur with appellant.  Independent claim 14 includes the limitation “a                     
                 doped region extending through the passivation layer into the wider bandgap                           
                 layer and the radiation absorption layer.”  We find that the scope of this limitation                 
                 includes that the doped region exists in the passivation layer, the wider bandgap                     
                 layer and the radiation absorption layer.  As stated supra with respect to claim                      
                 41, we do not find evidence in Cockrum that supports the examiner’s hypothesis                        
                 that the doped region 30 of Cockrum diffuses into the passivation layer 18.                           
                 Similarly, we do not find that Rosbeck teaches this limitation or provides                            




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