Appeal No. 2001-0113
Application No. 08/604,751
a second conductive plug having a second type conductivity,
said second conductive plug interposed between said two first
conductive plugs; and
an insulative spacer interposed between said second
conductive plug and said two first conductive plugs wherein a
total width of said second conductive plug and said spacer is no
greater than said minimum photolithographic limit.
References
The reference relied on by the Examiner is as follows:
Juengling 5,700,706 Dec. 23, 1997
(filed Dec. 15, 1995)
Rejections at Issue
Claims 12 and 13 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Juengling.1
Opinion
With full consideration being given to the subject matter on
appeal, the Examiner's rejections and arguments of the Appellants
1 In the Examiner's Answer, the Examiner stated that "the
35 U.S.C. § 112 rejection has been suspended." Appellants
argue in the Reply Brief that the Board should nevertheless
address the § 112 rejection because "suspended" does not
mean the rejections were withdrawn. Although the Examiner
did not use the proper terminology, we find that the
Examiner did withdraw the § 112 rejection and therefore the
issue is not properly before us.
3
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