Appeal 2007-2105
Application 10/762,445
the bottom of the recess is not under the source region. The Vss connection
region under the bottom of the recess, at best, is under the remaining part of
the Vss connection region that continues at the recess wall towards the gate
stack. The only positional relationship between the source and the Vss
connection region disclosed in Hori is that the source is between the Vss
connection region and the channel region (FF 3). This configuration results
in the Vss connection region being adjacent, and not under the source, as
required by the claims.
CONCLUSION
On the record before us, we find that the Examiner fails to make a
prima facie case that Hori anticipates claim 1 or the other independent claim
8, which includes similar limitations. Therefore, in view of our analysis
above, the 35 U.S.C. § 102 rejection of claims 1, 2, 4-6, 8, 9, and 11-13 as
anticipated by Hori cannot be sustained. Additionally, we do not sustain the
35 U.S.C. § 103 rejection of claims 7 and 14 over Hori and Kobayashi as the
Examiner has not identified any teachings in Kobayashi related to the Vss
connection region situated under the source to overcome the deficiencies of
Hori discussed above.
DECISION
The decision of the Examiner rejecting claims 1, 2, 4-6, 8, 9, and 11-
13 under 35 U.S.C. § 102 and claims 7 and 14 under 35 U.S.C. § 103 is
reversed.
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