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. 7Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007