Ex parte PRENGLE et al. - Page 7




          Appeal No. 95-4174                                                          
          Application 08/165,553                                                      



          must exist, i.e., the structure recited must not be in a                    
          double-polysilicon layer device.                                            
               Since neither Homma nor Schaber nor Soejima teaches or                 
          suggests each and every element of the claimed invention, we                
          will not sustain the rejection of claims 14 through 21 under                
          35 U.S.C. § 102(b) based on Homma (claims 14 and 21) or                     
          Schaber (claims 14 through 19) or the rejection of claims 14                
          and 21 under 35 U.S.C. § 102(e) based on Soejima.                           
               Turning to the rejection of claims 14 and 21 under 35                  
          U.S.C. § 102(e) over Maeda, we will sustain this rejection.                 
               The examiner details the rejection and how the claimed                 
          elements are met by Maeda at page 8 of the answer.  Appellants              
          agree that Maeda does, indeed, teach a single polysilicon                   
          layer BiCMOS structure [pages 9-10 of the brief].  Appellants               
          argue only that, in Maeda, the dielectric layer and the gate                
          dielectric are the same and so there is no teaching in Maeda                
          that the dielectric layer between the emitter electrode and                 
          the intrinsic base region is different, in thickness, from the              
          gate dielectric layer.                                                      



                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007