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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