Appeal No. 95-4641 Application No. 08/023,122 With regard to the rest of the rejections under 35 U.S.C. § 112, second paragraph, they all seem to be directed to the "below and around" language appearing in the claims. Appellants have explained that reference to the drawings clearly shows that the recited diffusion layers are formed "below and around" the cited structures, as claimed. For example, low density diffusion layer 8 is shown as being formed "below and around" the gate electrode 3; the high density diffusion layer 9 is shown formed "below and around" the first gate side wall insulating film 5 and "below and around" the gate electrode 3. Accordingly, since the examiner's rejections under 35 U.S.C. § 112, second paragraph, appear unreasonable in view of appellants' amendments and in view of what is clearly shown in the drawings, we will not sustain the rejection of claims 1, 3 and 5 through 14 under 35 U.S.C. § 112, second paragraph. We turn now to the rejection of claims 1, 3 and 5 through 14 under 35 U.S.C. § 103. The examiner cites, in particular, Figure 2(d) of Tsukura as disclosing the transistor as claimed but for the disclosure of a lightly doped diffusion region formed below a sidewall of the gate electrode. The examiner then cites Chen for the teaching of a lightly doped n-type region formed below a gate electrode wherein the 5Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007