Appeal No. 95-2599
Application 07/983,931
468 U.S. 1228 (1984), citing Kalman v. Kimberly-Clark Corp., 713
F.2d 760, 772 218 USPQ 781, 789 (Fed. Cir. 1983). The prior art
disclosure need not be expressed in order to anticipate.
Standard Havens Products Inc. v. Gencor Industries Inc., 953 F.2d
1360, 1369, 21 USPQ2d 1321, 1328 (Fed.Cir. 1992).
Under the principles of inherency, we find that Sato teaches
"a shaped conductive layer formed by etching ... with the lower
portion having a faster etch rate as compared with an etch rate
of the upper portion under the same etching conditions” as
recited in Appellants' claim 25. Sato teaches on page 2 a T-
shaped gate electrode is made of a single layer structure
consisting of polycrystalline silicon. Sato teaches on page 3
that the method of manufacture includes a single step, step 2,
whereby the T-shape gate electrode is formed by etching such that
the width of the gate electrode material is narrower at the lower
portion on the substrate side than the upper portion of the gate
electrode on the surface side. On page 9, Sato teaches that the
T-shaped gate electrode is a single layer in which physical
qualities or features of the upper portion and the lower portion
are different. Sato teaches some examples of the differences
such as particle shape meaning grain size or the concentration
of the impurities. We note that these differences are the same
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007