Ex parte KAZUMI KURIMOTO et al. - Page 5




          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       

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