Ex Parte Hossain et al - Page 5




          Appeal No. 2004-0627                                                        
          Application No. 09/766,965                                                  


          location of region 163a, appellants' "contact region."  The                 
          examiner's reasoning, which is technically accurate on its face,            
          has not been refuted by appellants via a Reply Brief or                     
          otherwise.  Consequently, we find that appellants' MOS device, as           
          presently claimed, is described by Williams within the meaning of           
          § 102.                                                                      
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         BRADLEY R. GARRIS             ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         CHARLES F. WARREN             )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     


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