Ex parte LEE et al. - Page 12




          Appeal No. 94-0809                                                           
          Application 07/707,365                                                       
          having source and drain regions by oxidizing doped polysilicon               
          plugs and/or by implanting dopant impurities into polysilicon                
          plugs and diffusing impurities from polysilicon plugs into a                 
          substrate (Ans., p. 5, final two para.).  What the examiner has              
          not explained and we do not find apparent is a reason why a                  
          person having ordinary skill in the art would have sought to                 
          alter Nishizaka’s device in a manner inconsistent with its design            
          to function in a manner which undermines its advantages.                     
          3.   Conclusion                                                              
               Accordingly, we reverse the examiner’s rejection of                     
          Claims 1-3 and 6 under 35 U.S.C. § 103 in view of the combined               
          teachings of Nishizaka, Godejahn and O’Mara.                                 
                                       REVERSED                                        



          Teddy S. Gron                   )                                            
               Administrative Patent Judge     )                                       
                    )                                                                  
                                                   )                                   
                                                   )                                   
                         Chung K. Pak                    ) BOARD OF PATENT             
                         Administrative Patent Judge     )   APPEALS AND               
                                                   )  INTERFERENCES                    
                                                   )                                   
                                                   )                                   
               Terry J. Owens                      )                                   
                         Administrative Patent Judge     )                             



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