Ex Parte Fabry et alDownload PDFPatent Trial and Appeal BoardJul 22, 201612630001 (P.T.A.B. Jul. 22, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/630,001 12/03/2009 22045 7590 07/26/2016 BROOKS KUSHMAN P,C 1000 TOWN CENTER TWENTY-SECOND FLOOR SOUTHFIELD, MI 48075 FIRST NAMED INVENTOR Laszlo Fabry UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. WAS 1044PUS 8942 EXAMINER SONG, MATTHEW J ART UNIT PAPER NUMBER 1714 NOTIFICATION DATE DELIVERY MODE 07/26/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): docketing@brookskushman.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LASZLO FABRY and MIKHAIL SOFIN Appeal2015-003400 Application 12/630,001 Technology Center 1700 Before JEFFREY T. SMITH, KAREN M. HASTINGS, and MICHAEL P. COLAIANNI, Administrative Patent Judges. SMITH, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE This is an appeal under 35 U.S.C. § 134 from a final rejection of claims 1-3 and 9-11. 1 We have jurisdiction under 35 U.S.C. § 6. Claim 1 is illustrative of the subject matter on appeal and is reproduced below: 1 The Claims Appendix to the Appeal Brief includes independent claim 14. However, this claim has not been rejected by the Examiner nor argued by Appellants. See Answer and Appeal Brief, generally. Accordingly, this claim is not before us for consideration on appeal. The Examiner should clarify the status of this claim upon return of jurisdiction of the subject application. Appeal2015-003400 Application 12/630,001 1. A rod having a length of 0.5 m to 4 m and having a diameter of 25 mm to 220 mm, comprising an alloy of 0.1 to 50 mol% germanium and 99 .9 to 50 mol% silicon, the alloy deposited on a thin silicon rod or on a thin germanium-alloyed silicon rod, wherein the deposited alloy has a polycrystalline structure comprising a multiplicity of single crystals separated from one another by grain boundaries, the single crystals having an average grain size of from 0 .1 to 100 µm, and the alloy comprises 99. 9999% or more by weight ( 6N) of germanium alloyed silicon GexSil-x where 0.001Copy with citationCopy as parenthetical citation