Appeal No. 95-0634 Page 4
Application 07/962,322
Figure 2G (right) shows the gate 1 and insulating layers of an
embodiment in which one layer of semiconductor clusters 7 is
disposed over a second layer of semiconductor clusters 3,
separated by an insulating layer 6. (3:23-26.)
8. Appellant has presented two issues for review: whether
Yamazaki teaches "clusters of semiconductor material are
distributed in three dimensions so as to be overlapped in a
direction through the layer" or the "drain region is formed by an
oblique ion implantation, and is overlapped with said insulating
film layer". (Paper 14 at 8-12.) Cf. Gechter v. Davidson,
116 F.3d 1454, 1460, 43 USPQ2d 1030, 1035 (Fed. Cir. 1997)
(focussing on the contested limitations). At the hearing,
counsel confirmed our understanding that "in a direction through
the layer" is equivalent to "through the thickness of the layer",
i.e., in the vertical direction of Appellant's Figure 1. The
examiner contends that Yamazaki's 2G embodiment shows overlapping
clusters 3 & 7 and that diffusion from Yamazaki's drain 16 into
the substrate below the insulating film layer 2 would create an
overlap.
9. We find that Yamazaki teaches clusters of semiconductor
material distributed in three dimensions so as to be overlapped
through the thickness of the insulating layer. Yamazaki's
Fig. 2G embodiment discloses a two-dimensional semiconductor
cluster layer disposed over another two-dimensional semiconductor
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