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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