Ex parte KAZUMI KURIMOTO et al. - Page 3




                Appeal No. 95-4641                                                                                                            
                Application No. 08/023,122                                                                                                    


                                         a second gate side wall insulating film which                                                        
                                 covers all surfaces of said first gate side wall film                                                        
                                 which are not in contact with said second insulating                                                         
                                 film.                                                                                                        

                                 The examiner relies on the following references:                                                             
                Tsukura (Japan)          2                        60-175455                                 Sep. 9, 1985                      
                Chen et al. (Chen), "Simple Gate-to-Drain Overlapped MOSFET0s Using                                                           
                Poly Spacers for High Immunity to Channel Hot-Electron Degradation,"                                                          
                IEEE Electron Device Letters, vol. 11, no. 2, pp. 78-81 (1990)                                                                
                                 Claims 1, 3 and 5 through 14 stand rejected under 35 U.S.C.                                                  
                 112, second paragraph, as being indefinite.                                                                                 
                                 Claims 1, 3 and 5 through 14 stand further rejected under                                                    
                35 U.S.C.  103 as unpatentable over Tsukura in view of Chen.                                                                 
                                 The examiner also objects to an amendment filed December 6,                                                  
                1993 for allegedly introducing new matter into the specification                                                              
                because of various informalities listed on page 3 of the answer.                                                              
                However, these objections are not appealable.  If appellants take                                                             
                issue with the objections to the amendment and/or the specification,                                                          
                it should be addressed through a petition to the Commissioner.                                                                
                                 Reference is made to the briefs and answer for the                                                           
                respective positions of appellants and the examiner.                                                                          
                                                                    OPINION                                                                   

                                 2Our understanding of this reference is based on an                                                          
                English translation thereof.  A copy of that translation is attached                                                          
                hereto.                                                                                                                       
                                                                         3                                                                    





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