Ex parte SMOOHA - Page 4




          Appeal No. 95-2859                                                          
          Application 08/118,109                                                      



          Figure 11 of Morris, the width of the formed resistor is defined            
          as that corresponding to the open area exposed or not covered by            
          the polysilicon mask.  See column 7, lines 45-47.  Thus, we agree           
          with the appellant that in Morris the resistor does not underlie            
          a “resistor masking conductor” as is called for by appellant’s              
          claim 1.                                                                    
               Alternatively, even if one were to regard the edges of the             
          p+ doped area in Morris which are underneath the polysilicon as             
          a part of the resistor, contrary to the express indication in               
          Morris, that is not sufficient to support a characterization                
          of the resistor element, in its role as an operative part, as               
          "underlying" the polysilicon mask.  In Morris it is clear that              
          the resistor primarily occupies that open area exposed or                   
          uncovered by the polysilicon mask.  The p+ doped portions outside           
          of the exposed area do not meaningfully contribute to the                   
          resistance of the resistor.  To the extent that the examiner is             
          of the view that if any area making a contribution, however                 
          small, to the overall resistance is under the mask, then the                
          resistor can be deemed as underlying the mask, we disagree.                 
          That view is unreasonable and cannot be upheld.                             



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