Ex parte PATERSON et al. - Page 6




          Appeal No. 94-3910                                                          
          Application No. 07/966,615                                                  


          below" [specification, page 15, lines 16-20] (emphasis added).              
          Later, the specification states:                                            
                        As discussed above, the present                              
                         invention additionally contemplates an                       
                         embodiment which uses conductive                             
                         regions immediately overlying N++                            
                         regions 7, 8, and 9. . . .  Figures 5A                       
                         through 5F illustrate a procedure                            
                         which a preferred embodiment utilizes                        
                         to form these conductive regions,                            
                         which consist of buried silicide                             
                         layers [Id. at 17, lines 11-18]                              
                         (emphasis added).                                            
          Thus, the specification clearly teaches the use of conductors               
          16, 17 and 18 with the embodiment shown in Figures 5A-5F.                   
          Therefore, the originally filed disclosure supports the                     
          invention of claim 28.   Accordingly, we reverse this                       
          rejection of claim 28.                                                      
                The rejection of Claims 21-28 under 35 U.S.C. § 112                  
               Claims 21-28 stand rejected under 35 U.S.C. § 112,                     
          second paragraph, as being indefinite for failing to                        
          particularly point out and distinctly claim the subject matter              
          which appellants regard as the invention.  We reverse this                  
          rejection.                                                                  
               The rejection of claims 21-28 under § 112 is based on                  
          the examiner’s misunderstanding of the use of the phrase                    
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