Ex Parte Mitra - Page 15


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

                        On pages 13 and 14 of the brief appellant argues that claim 16 is                              
                 dependent upon claim 14, and is allowable for the reasons discussed with                              
                 respect to claim 14.                                                                                  
                        We concur with appellant.  As discussed supra, we do not find that                             
                 Cockrum teaches the claim 14 limitation of  “a doped region extending through                         
                 the passivation layer into the wider bandgap layer and the radiation absorption                       
                 layer.”  Nor do we find that the combination of Rosbeck and Mitra teach or                            
                 suggest this limitation.  Accordingly, we will not sustain the examiner’s rejection                   
                 of claim 16.                                                                                          
                        Appellant’s arguments, on page 14 of the brief, group independent claim 6                      
                 with dependent claims 8 through 13.  Appellant argues on page 14 of the brief                         
                 “the cited references, singularly or in combination, do not suggest ‘driving dopant                   
                 from the patterned doping layer’ that is ‘above the passivation layer’ as provided                    
                 in claim 6.”  Appellant’s arguments, on page 15 of the brief, group independent                       
                 claim 20 with dependent claims 22 through 27, and present essentially the same                        
                 argument presented with respect to claim 6.                                                           
                        We disagree with appellant’s arguments.  Claim 6 contains the limitations                      
                 of “forming a doping layer above the passivation layer,” “patterning the doping                       
                 layer” and “driving dopant from the patterned doping layer.”  Claim 20 also                           
                 contains these limitations. We consider these limitations to be virtually identical in                
                 scope to the limitations of claim 47 discussed above.  As stated supra, we                            
                 do not find that these limitations require the formed doping layer to only be over                    
                 the passivation layer, as such claims 6 and 20 are not limited to the step of                         

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