Ex Parte Mitra - Page 14


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

                 As discussed supra with respect to claims 28 and 33, there are several aspects                        
                 of Cockrum, which can be considered to meet the limitation of patterning.                             
                 Further, as discussed with respect to claim 41, we find that Cockrum teaches in                       
                 Figure 4G and the accompanying description in column 6 teach that the doped                           
                 layer 30, is diffused into region 14, extending into the absorption layer 12.                         
                 Accordingly, we sustain the examiner’s rejection of dependent claim 47 and                            
                 dependent claims 49 through 54.                                                                       
                    THE REJECTION UNDER 35 U.S.C. § 103 RELYING UPON COCKRUM IN                                        
                                         VIEW OF ROSBECK AND MITRA                                                     
                        The examiner rejects claims 3, 6, 8 through 13, 16, 20 and 22 through 27                       
                 under 35 U.S.C. § 103 as being unpatentable over Cockrum in view of Rosbeck                           
                 and Mitra.                                                                                            
                        On page 13 of the brief appellant argues that claim 3 is dependent upon                        
                 claim 1, and thus includes the limitation of “forming a patterned doping layer                        
                 above the passivation layer.”  Appellant argues that the three references do not                      
                 teach this limitation.                                                                                
                        We are not convinced by appellant’s arguments.  As stated supra, with                          
                 respect to claim 1, we find that Cockrum teaches the limitation of  “forming a                        
                 patterned doping layer above the passivation layer.”  Accordingly, we sustain the                     
                 examiner’s rejection of claim 3.                                                                      



                                                                                                                                                               
                 passivation layer into the radiation absorption layer,” which is not present in claim                 
                 47.                                                                                                   

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