Friday, January 04, 2013

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 --


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.


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