Ex Parte Gonzalez et al - Page 2







                       Representative claim 12 is reproduced as follows:                                                            
                                      12. A transistor comprising:                                                                  
                               a drain terminal comprising a doped polysilicon material disposed within a                           
                       first shallow cavity formed in an isolation oxide region;                                                    
                               a source terminal comprising a polysilicon material disposed within                                  
                       second hallow cavity formed in the isolation oxide region;                                                   
                               a channel formed in a silicon material and arranged between each of the                              
                       first shallow cavity and the second shallow cavity, wherein the channel comprises                            
                       a respective doped region coupled to each of the drain terminal and the source                               
                       terminal; and                                                                                                
                               a gate disposed over the channel and comprising one or more conductive                               
                       layers disposed over a gate oxide layer.                                                                     
                       The examiner relies on the following references:                                                             
               Tsuchiaki           6,271,566   Aug.   7,  2001                                                                      
               Michejda et al.  (Michejda)        2002/0190344     Dec.  19, 2002                                                   
                       The following rejections are on appeal before us:                                                            
                       1. Claim 12 stands rejected under 35 U.S.C. § 102(e) as being anticipated by                                 
               Michejda.                                                                                                            
                       2.  Claims 13-25 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                               
               over Michejda in view of Tsuchiaki.                                                                                  
                       Rather than repeat the arguments of appellants or the examiner, we make                                      
               reference to the briefs and the answer for the respective details thereof.                                           
                                                            OPINION                                                                 
                       We have carefully considered the subject matter on appeal, the rejections                                    
               advanced by the examiner and the evidence of anticipation and obviousness relied                                     
               upon by the examiner as support for the rejections.  We have, likewise, reviewed and                                 
               taken into consideration, in reaching our decision, the appellants' arguments set forth in                           



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