Appeal No. 2006-1949
Application 10/193,823
The artisan would well appreciate that the subject matter of independent claim
1 on appeal is some intermediate product before the coalescent stage of appellants’
disclosed invention consistent with that which is taught and shown in Nam. Likewise,
the final product in figures 5 and 6 of the disclosed invention is not necessarily
claimed, but to the extent that it is, the reference plainly teaches that the resulting final
deposition includes a coalesced continuous layer of gallium nitride. In view of the
teachings and showings noted earlier in this opinion the reference does clearly indicate
that the gallium nitride layer is formed with posts, trenches and lateral gallium nitride
intermediate layers during the formation processes or otherwise stated, the growth
process.
To the extent argued, the U.S.C. § 103 rejection is also sustained because the
subject matter of argued dependent claims 6 and 7 is taught to the artisan when the
first sentence of the first and second paragraphs at column 1 of page 2638 are
considered. These portions clearly indicate that electronic devices such as light
emitting diodes and laser diodes are manufactured in the claimed lateral gallium
nitride layer in its entirety once it has been coalesced and formed in a continuous
layer. These teachings are also summarized in the short paragraph bridging pages
2639-2640.
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