Denis De Ceuster et al.

Patent Trials and Appeals Board

Aug 14, 2019

14159292 - (D) (P.T.A.B. Aug. 14, 2019)

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.
14/159,292 01/20/2014 Denis DE CEUSTER 10031.001111 9161
74254 7590 08/14/2019
Okamoto & Benedicto LLP
P.O. Box 641330
San Jose, CA 95164-1330
EXAMINER
TRINH, THANH TRUC
ART UNIT PAPER NUMBER
1726
MAIL DATE DELIVERY MODE
08/14/2019 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 DENIS DE CEUSTER and PETER JOHN COUSINS
Appeal 2018-007893
Application 14/159,292
Technology Center 1700

Before CATHERINE Q. TIMM, JEFFREY B. ROBERTSON, and
BRIAN D. RANGE, Administrative Patent Judges.

TIMM, Administrative Patent Judge.

DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant,1 SunPower Corporation,
appeals from the Examiner’s decision to finally reject claims 21–27 and
35–40. We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.

1 We use the word “Appellant” to refer to “Applicant” as defined in 37
C.F.R. § 1.42(a). Appellant identifies the real party in interest as the
SunPower Corporation. Appeal Br. 1.
Appeal 2018-007893
Application 14/159,292

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The claims are directed to a solar cell with reduced base diffusion
area. Claim 21, reproduced below, is illustrative of the claimed subject
matter:
21. A solar cell comprising:
a first metal contact electrically coupled to an emitter
diffusion region;
a second metal contact electrically coupled to a base
diffusion region, wherein the second metal contact is formed
over the base diffusion region and the emitter diffusion region,
and the base diffusion region contacts the emitter diffusion
region at a contact edge; and
a first insulator between the second metal contact and the
emitter diffusion region, the first insulator electrically
insulating the emitter diffusion region from the second metal
contact, and the first insulator forming an insulating region that
extends continuously over and that contacts: a portion of the
emitter diffusion region, a portion of the base diffusion region,
and the contact edge.
Appeal Br. 7 (claims appendix).
The Examiner maintains the following rejections (Ans. 3):
A. The rejection of claims 21–24 and 35–38 under 35 U.S.C. § 103(a)
as being unpatentable over Uematsu.2
B. The rejection of claims 25–27, 39, and 40 under 35 U.S.C.
§ 103(a) as being unpatentable over Uematsu in view of Munzer.3

2 Uematsu et al., US 2002/0046765 A1, published Apr. 25, 2002.
3 Munzer, US 2005/0016585 A1, published Jan. 27, 2005.
Appeal 2018-007893
Application 14/159,292

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OPINION
All of the claims require “a first insulator . . . forming an insulating
region that extends continuously over and that contacts: a portion of the
emitter diffusion region, a portion of the base diffusion region, and the
contact edge.” Claims 21 and 35.
The Examiner finds that Uematsu’s silicon oxide masking layer 2 and
insulating layer 20, in combination, are the “first insulator” of claims 21 and
35. Final Act. 3–4 (citing Uematsu Fig. 17D and ¶ 130). There is no dispute
that neither layer alone extends continuously over and contacts a portion of
the emitter diffusion region (n-type dopant layer 4), a portion of the base
diffusion region (p-type dopant layer 6), and a contact edge between the two.
Final Act. 4. The Examiner concludes, however, that it would have been
obvious to configure the emitter and base diffusion regions (n-type and p-
type dopant regions) as shown in Figures 15A–E so that the combination of
the masking layer 2 and insulating layer 20 would extend and contact as
required by the claims. Final Act. 4–5. Because neither the masking layer 2
nor insulating layer 20 alone extend and contact as required by the claims,
the dispositive issue in this appeal is: Has Appellant identified a reversible
error in the Examiner’s finding that Uematsu’s combination of masking
layer 2 and insulating layer 20 is “a first insulator” as required by the
claims?
Appellant has identified such an error.
Claims 21 and 35 require “a first insulator” that has the continuous
extent and contact required by those claims. The words that follow “a first
insulator” apply to “a first insulator,” i.e., a single insulator. Although the
transitional phrase “comprising” of the claims allows for further insulators,
Appeal 2018-007893
Application 14/159,292

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at least one insulator, i.e., an insulator that can be termed “a first insulator,”
must meet all of the structural and positional limitations recited as applying
to “a first insulator.” See Kustom Signals, Inc. v. Applied Concepts, Inc.,
264 F.3d 1326, 1332 (Fed. Cir. 2001) (“The open-ended transition
‘comprising’ does not free the claim from its own limitations.”). The
Examiner has not established that a single insulator has the necessary
continuous extent and contacts required by the claims.
DECISION
The Examiner’s rejection is reversed.
DECISION SUMMARY
Claims
Rejected
Basis Affirmed Reversed
21–24 and
35–38
§ 103(a) Uematsu 21–24 and
35–38
25–27, 39, and
40
§ 103(a) Uematsu and
Munzer
25–27, 39, and
40
Outcome 21–27 and
35–40
REVERSED