Ex parte KAZUMI KURIMOTO et al. - Page 4




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


                    We turn first to the rejection under 35 U.S.C.  112,             
          second paragraph.  We will not sustain this rejection.                      
                    The examiner makes the following observations at page 4 of        
          the answer:                                                                 
                    In claim 1, line 8, and claim 3, lines 6-                         
                    7, claims 7, 9, 11, [sic, and] 13, the                            
                    phrase "first gate side wall" is unclear                          
                    whether it is being referred to the first                         
                    gate side wall insulating film.                                   
                    In claim 1, lines 14-17, it is unclear                            
                    how the low density diffusion layer of a                          
                    second conduction type [sic, is?] formed on                       
                    the semiconductor below and around the gate                       
                    electrode.                                                        
                    In claim 3, lines 3-6, it is unclear how                          
                    the high density diffusion layer [sic, is?]                       
                    formed on the semiconductor substrate below                       
                    and around the first gate side wall                               
                    insulating film.                                                  
                    In claim 6, lines 2-4, it is unclear how                          
                    a high density diffusion layer [sic, is?]                         
                    formed on the semiconductor substrate and                         
                    below and around the gate electrode.                              

                    Regarding the examiner's problem with the recitation of           
          "first gate side wall," appellants amended this language to read "a         
          first gate side wall film" in the amendment filed September 22, 1994        
          (Paper No. 9) in response to the final rejection; yet the examiner          
          maintains the rejection without explanation as to why this amendment        
          does not overcome the rejection.                                            

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