Solid anticipation rejection in Ex parte PEIDOUS
The relevant claim has several elements directed to -- a variable thickness film --
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.