Ex parte MOULDING et al. - Page 2




                   Appeal No. 1999-1455                                                                                                                             
                   Application 08/753,556                                                                                                                           



                            The following references are relied on by the examiner:                                                                                 
                                                                                            1                                                                       
                   Okuzumi (Japanese Patent)                                 62-147779                             July 1, 1987                                     
                   Runyan et al. (Runyan), Semiconductor Integrated Circuit Processing Technology,                                                                  
                   pp. 40-41, 162, Addison-Wesley Publishing Co. (1990).                                                                                            
                            Claims 8 through 10 stand rejected under the second paragraph of 35 U.S.C. §112.                                                        
                   Additionally, claims 7 through 10 stand rejected under 35 U.S.C. §103.  As evidence of                                                           
                   obviousness, the examiner relies upon Okuzumi in view of Runyan.                                                                                 
                            Rather than repeat the positions of the appellants and the examiner, reference  is                                                      
                   made to the briefs and the answer for the respective details thereof.                                                                            


                                                                           OPINION                                                                                  
                            We reverse both rejections of all claims on appeal and institute a new ground of                                                        
                   rejection under the second paragraph of 35 U.S.C. § 112 of all claims on appeal.                                                                 
                            Turning first to the rejection of claims 8 through 10 under the second paragraph of                                                     
                   35 U.S.C. § 112, the examiner’s view is that there is no way to determine what is meant by                                                       
                   the recitation of a “prescribed minimum” channel length or width of these                                                                        




                            1Our understanding of this reference is based upon a translation provided by the                                                        
                   Scientific and Technical Information Center of the Patent and Trademark Office.  A copy of                                                       
                   the translation is enclosed with this decision.                                                                                                  
                                                                                 2                                                                                  





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