Ex parte KAZUMI KURIMOTO et al. - Page 7




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


                    the type of device disclosed by the Chen et                       
                    al reference. . ., the teachings of Tsukura                       
                    and Chen et al cannot properly be combined                        
                    [principal brief, page 6].                                        

                    The examiner's reasoning for making the combination, at           
          page 8 of the answer, regarding the desire to prevent the occurrence        
          of hot-electron deterioration in the MOS device of Tsukura, appears         
          to us to be based more on hindsight, with appellants' specification         
          in view, then on any suggestion provided by the applied references.         
                    Accordingly, we will not sustain the rejection of claims 1,       
          3 and 5 through 14 under 35 U.S.C.  103.                                   
                    The examiner's decision is reversed.                              
                                         REVERSED                                     







          Errol A. Krass                  )                                           
                    Administrative Patent Judge     )                                 
                         )                                                            
                                                       )                              
                                                       )                              
                              Jerry Smith                     ) BOARD OF PATENT       
                              Administrative Patent Judge     )   APPEALS AND         
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                    James Carmichael                   )                              
                              Administrative Patent Judge     )                       
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