Ex parte PATERSON et al. - Page 9




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


          cells of said array."  The examiner cites generally that                    
          Sugiura teaches the claimed slots and notes elements 39a and                
          39 of Sugiura.                                                              
               Sugiura teaches etching a gap in the field insulating                  
          region 34 to form contact holes 39 “which expose the surface                
          portion of the Si substrate to the outside” [column 9, lines                
          52-56; Figure 11].  It appears from Figure 11 that Sugiura may              
          expose some portion of B2 which the examiner asserts is a                   
          source/drain region.  Presuming for the moment that Sugiura                 
          teaches "a plurality of slots etched in said field insulating               
          regions, said slots exposing the surface of said source/drain               
          regions," it remains unclear whether the contact holes extend               
          (a) "the length of said source/drain regions," and (b) "at                  
          least between two adjacent rows of memory cells of said array”              
          as recited in claim 21.  Appellants specifically argue these                
          limitations in the brief, and the examiner fails to respond on              
          the ground that the claims are indefinite.  Specifically, it                
          appears fairly clear that the examiner did not understand what              
          was meant by the phrase "extending the length" as is evidenced              
          by his rejection of claim 21 under 35 U.S.C. § 112, second                  
          paragraph  addressed above.  Moreover, the only argument                    
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