Ex Parte Fabry et al

Patent Trial and Appeal Board

Jul 22, 2016

12630001 (P.T.A.B. Jul. 22, 2016)

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 0.001