Ex parte MOSLEHI - Page 8




          Appeal No. 95-2503                                                          
          Application No. 08/024,883                                                  

          “48.”  The elements referred to by appellant are in Figure 12;              
          they just are not labeled.  Appellant should have indicated                 
          that the thin oxide 48 is what was meant by the claimed                     
          “insulating region” rather than have us resort to making a                  
          finding that this, in fact, was what was intended.  In any                  
          event, we do find that “thin oxide 48” is sufficient support                
          for the now claimed “insulating region” in claim 5.  Moreover,              
          since the “insulating region” was also part of original claim               
          5, there was clear support for such a recitation.                           
               We now turn to the prior art rejections.  We will sustain              
          the rejection of claims 1 through 4, 6, 30 through 35, 42 and               
          43 under 35 U.S.C. § 103 over Jain and Toyoshima as well as                 
          the rejection of claims 5, 7, 8, 36 and 38 through 41 under 35              
          U.S.C.                                                                      
          § 103 over Jain, Toyoshima, Mori, Furuhata, Lehrer, Nishizawa               
          and Liou.  We will, however, not sustain the rejection of                   
          claim 37 under 35 U.S.C. § 103.                                             
               Appellant argues that the dopant concentration and depth               
          of regions 20 and 21 in Jain are not “independent” from one                 
          another.  Appellant also argues that Toyoshima appears to use               
          a double diffused drain that has disadvantages which the                    

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