Ex Parte Hower et al - Page 4



            Appeal No. 2005-0814                                                                       
            Application No. 10/036,323                                                                 

            base region 14 of Huang (Fig. 12).  Indeed, Huang (col. 2, ll. 3-                          
            6) alternatively refers to base region 14 as “the channel                                  
            region.”                                                                                   
                  Appellants, on the other hand, argue that the examiner’s                             
            definition is overly broad, and that only the part of P type base                          
            region 14 of Huang that is directly beneath gate structure 26 can                          
            be considered a channel region.  Under this scenario, Huang does                           
            not satisfy the requirement of claim 14 that a p-type buried body                          
            diffusion, i.e., the P+ buried layer 35 of Huang, “underlies said                          
            channel.”                                                                                  
                  To support their position, appellants rely on Sze.  However,                         
            as instructive as Sze may be, we find nothing in Sze which                                 
            specifically indicates that when a surface inversion layer (or                             
            channel) forms, it is limited only to the area or region directly                          
            beneath the gate structure.  Nor have appellants explained how                             
            this concept necessarily follows from the Sze text.                                        
                  Neither do we find anything in appellants’ specification                             
            which so specifically defines or limits the boundaries of the                              
            channel region.  Nor do appellants offer any explanation as to                             
            how their construction of the claim terminology in question                                
            necessarily follows from the specification.                                                

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