Ex Parte YoshidaDownload PDFPatent Trial and Appeal BoardJun 25, 201512003231 (P.T.A.B. Jun. 25, 2015) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/003,231 12/20/2007 Takehiro Yoshida PHCF-07121 8611 21254 7590 06/26/2015 MCGINN INTELLECTUAL PROPERTY LAW GROUP, PLLC 8321 OLD COURTHOUSE ROAD SUITE 200 VIENNA, VA 22182-3817 EXAMINER KUNEMUND, ROBERT M ART UNIT PAPER NUMBER 1714 MAIL DATE DELIVERY MODE 06/26/2015 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte TAKEHIRO YOSHIDA ____________ Appeal 2013-005496 Application 12/003,231 Technology Center 1700 ____________ Before BRADLEY R. GARRIS, CHUNG K. PAK, and JEFFREY T. SMITH, Administrative Patent Judges. SMITH, Administrative Patent Judge. DECISION ON APPEAL Appeal 2013-005496 Application 12/003,231 2 STATEMENT OF THE CASE This is an appeal under the 35 U.S.C. § 134 from the June 12, 2012 Final Rejection of claims 1–13 under 35 U.S.C. § 103(a) as unpatentable over Dwilinski (US 2004/0261692 Al, published Dec. 30, 2004). We have jurisdiction under 35 U.S.C. § 6. Appellant’s invention relates to a method for producing a group III nitride semiconductor single crystal. (Spec. 1). Claim 1 is reproduced from the Brief (Claims App’x) below (emphasis added): 1. A method for producing a group III nitride single crystal, the method comprising: providing a seed crystal comprising a first crystal face that is perpendicular to a growth direction of the single crystal and has a first predetermined area, and a second crystal face that is inclined to the growth direction and has a second predetermined area; and growing the group III nitride single crystal on the first crystal face and the second crystal face by vapor phase growth and by controlling a growth condition of the single crystal so as not to change the first predetermined area and the second predetermined area. OPINION1 The dispositive issue on appeal is: Did the Examiner err in determining Dwilinski teaches or suggests vapor phase growth of a group III nitride single crystal as required by independent claims 1 and 6? We have reviewed each of Appellant’s arguments for patentability. We reverse the Examiner’s rejections for essentially those reasons expressed by Appellant. We add the following: 1 We limit our discussion to independent claims 1 and 6. Appeal 2013-005496 Application 12/003,231 3 The Examiner found Dwilinski describes a method of growing gallium nitride single crystals in an autoclave and from two crystals. (Final Act. 2, Ans. 4, citing ¶¶ 74 and 91). The Examiner found “[t]he sole difference between the instant claims and the prior art is the specific orientation of the two seeds.” (Final Act. 2, Ans. 4). Appellant correctly argues that Dwilinski fails to teach or suggest the group III nitride single crystal is grown by vapor phase growth, as recited in claims 1 and 6. (App. Br. 7). Specifically, Appellant argues (id.) that: Dwilinski does not disclose or suggest that the group III nitride single crystal formed on the seed crystal is grown by HVPE, although the seed crystal is formed by HVPE (paragraph [0074], line 15). As clearly understood from the disclosure of paragraph [0074], lines 1 to 9, the group III nitride single crystal formed on the seed crystal is grown by the solution growth method. The Appellant is correct. Dwilinski clearly discloses the vapor deposition is not use for crystal growth. (¶¶ 19–20). Dwilinski teaches utilizing a supercritical solvent containing dissolved gallium nitride to grow a desired gallium-nitride crystal on a surface of the seed crystal, with the crystallization of the desired gallium-nitride crystal occurring upon forming a gallium–nitride over-saturation solution by means of temperature gradient and/or pressure change. (¶¶ 71–74). Contrary to the Examiner’s position at page 4 of the Answer, Example 10 (¶ 91) also utilizes a dissolution method involving a supercritical solvent in an autoclave to obtain crystal growth. Accordingly, we reverse the Examiner’s decision to reject claims 1– 13. Appeal 2013-005496 Application 12/003,231 4 ORDER The Examiner’s rejection is reversed. REVERSED tc Copy with citationCopy as parenthetical citation