Ex parte EIMORI et al. - Page 3




          Appeal No. 94-4342                                                          
          Application No. 07/765,771                                                  


          boundary portion thereof is not overlapped by said first                    
          conductor over the major surface of said semiconductor                      
          substrate,                                                                  
               wherein said step of implanting said impurities comprises              
          spacing said impurities laterally from said first conductor by              
          said lateral thickness of said sidewall insulating film and                 
          thereby separating said impurities laterally from said first                
          conductor by a distance corresponding to said predetermined                 
          vertical thickness of said third insulating film.                           

               As evidence of obviousness, the examiner relies on the                 
          following prior art:                                                        
          Horiuchi et al. (Horiuchi)         0171003        Feb. 12, 1986             
          (Published European Patent Application)                                     
          Appellants’ admitted prior art, figures 13A-13G and 14 and                  
          their description at pages 6 through 8 of the specification                 
          (hereinafter referred to as “admitted prior art”).                          
               Claims 10, 11, 14 and 15 stand rejected under 35 U.S.C.                
          § 103 as unpatentable over the admitted prior art in view of                
          Horiuchi.                                                                   
               Having carefully considered the entire record before us,               
          including all of the arguments advanced by the examiner and                 
          appellants in support of their respective positions, we find                
          ourselves in complete agreement with the position succinctly                
          set forth by appellants in their Brief, pages 7 and 8, and                  
          Reply Brief, pages 1 and 2.  As indicated by appellants, the                

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