Solid anticipation rejection in Ex parte PEIDOUS
Could the applicant have been this "out of touch" in Ex parte PEIDOUS?
The relevant claim has several elements directed to -- a variable thickness film --
But
Appellant concludes that, “[T]he final semiconductor structure disclosed by Xiang comprises distinct semiconductor bodies 402 and 206, each having a different thickness, rather than the single continuous variable thickness film disclosed and claimed by Appellant.” Appeal Brief 6-7. However, Appellant’s arguments are not commensurate with the scope of the claims. The Examiner finds that claim 11 recites a variable thickness film not a single continuous variable thickness film. Answer 8. We agree with the Examiner’s findings.
Appellant loses on anticipation.
The relevant claim has several elements directed to -- a variable thickness film --
But
Appellant concludes that, “[T]he final semiconductor structure disclosed by Xiang comprises distinct semiconductor bodies 402 and 206, each having a different thickness, rather than the single continuous variable thickness film disclosed and claimed by Appellant.” Appeal Brief 6-7. However, Appellant’s arguments are not commensurate with the scope of the claims. The Examiner finds that claim 11 recites a variable thickness film not a single continuous variable thickness film. Answer 8. We agree with the Examiner’s findings.
Appellant loses on anticipation.
posted by Lawrence B. Ebert at 2:44 PM
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