Appeal No. 95-4641
Application No. 08/023,122
gate electrode has a sidewall which reaches a position above the n-
type region in Figure 1(c). Finally, the examiner concludes [answer,
page 6] that since both Tsukura and Chen
teach a high dielectric constant sidewall
material formed adjacent to the gate
electrode, it would have been obvious...to
have the N-type region of Chen...in Tsukura
because it prevents occurrence of hot-
electron deterioration in MOS device.
We do not view the examiner's combination of Tsukura and
Chen as being proper under 35 U.S.C. § 103. Tsukura teaches no
overlap of the gate electrode 12 with the diffusion region 15. Chen
does show such an overlap in Figure 1(c). What is then needed for a
proper rejection under 35 U.S.C. § 103 is a reason for combining
these disparate teachings. With references, throughout the
translation of Tsukura, of forming the source-drain region "by self-
alignment" and that the source and drain regions "do not intrude as
far as the channel region portion directly under the gate electrode,"
it is clear that Tsukura intends to specifically prevent the claimed
overlap. On the other hand, the overlap is essential in Chen in
order to provide immunity to hot electrons. Therefore, we agree with
appellants that the teachings of these references are "mutually
exclusive" [principal brief, page 5] and that
Because the express object of the Tsukura
invention is to overcome disadvantages in
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