Ex Parte Johnson et al - Page 7




         Appeal No. 2006-1797                                                       
         Application No. 09/866,319                                                 

         found only if the prior art reference discloses every element of           
         the claim.  See In re King, 801 F.2d 1324, 1326, 231 USPQ 136,             
         138 (Fed. Cir. 1986) and Lindemann Maschinenfabrik GMBH v.                 
         American Hoist & Derrick Co., 730 F.2d 1452, 1458, 221 USPQ 481,           
         485 (Fed. Cir. 1984).                                                      


              With respect to representative claim 45, Appellants argue in          
         the Appeal and Reply Briefs that the Marty reference does not              
         disclose an n-type dopant region having a vertical width (W) that          
         is sufficiently narrow to avoid lowering the collector base                
         breakdown voltage and a dopant concentration sufficiently high to          
         restrict base widening when the base junction is forward biased.           
         Appellants further contend that because Marty teaches overdoping           
         the SIC region by implanting phosphorous into the collector                
         through the base, a tail of n-type dopant is necessarily present,          
         and it is extended from the base to the collector, thereby                 
         preventing the vertical width of the SIC region from being                 
         sufficiently narrow. Particularly, at pages 8 and 9 of the Appeal          
         Brief, Appellants state the following:                                     
                   Marty, et al. disclose a bipolar transistor including            
              an overdoped selectively implanted collector (SIC) region,            
              where the SIC region is formed by a process requiring a               
              high-energy implant and a light (high-diffusivity) ion, such          
              as phosphorus.  See Col. 3, line 66.  The high implant                
              energy and light ion are required in the prior art to                 
              produce the SIC region, since the SIC region is formed by             
              implanting the light (high-diffusivity) ion into the                  

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