Appeal No. 95-2928
Application No. 07/769,185
characteristic is brought about because of the masking
implantation steps of the process of making the claimed
structure. If the structure of Lineback can be shown to
possess this characteristic, even if not brought about
through a similar process, then we would agree with the
examiner as to the obviousness of the claimed subject
matter.
While, at first blush, the structure of Lineback
appears to show the claimed limitation, since no p-
conductivity type dopant is shown within the heavily
doped n+ regions constituting the source/drain regions,
in our view, appellant has made a cogent case, through
argument and the Cunningham declarations, for the
proposition that it was conventional not to mask the halo
or LDD implants. If it was conventional not to so mask
these implants, then, in the absence of a specific
teaching to the contrary by Lineback, it would appear
reasonable to us, on weighing the arguments of appellant
and the examiner, that Lineback did not
contemplate making the disclosed structure in any manner
other than the conventional manner, i.e., without masking
the halo and LDD implants.
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