Appeal No. 95-4929
Application 08/093,790
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
In regard to the rejection of claims 4, 7 and 9 as being
unpatentable over Takenaka 049 in view of Takenaka 305, Appellant
argues on pages 11 and 12 of the brief that neither Takenaka 049
nor Takenaka 305 teaches a portion of the upper electrode that
extends to and is directly in contact with the source electrode
as recited in Appellant's claim 4. We note that Appellant's
independent claim 4 recites "an upper electrode having first and
second portions ... said second portion extending to and being in
direct contact with said source electrode."
The Examiner points out on page 2 of the answer that
Takenaka 049 does not teaches an upper electrode having a second
portion extending to and being in direct contract with the source
electrode, but does teach in Figure 1C a lower electrode being in
direct contract with the source electrode. The Examiner relies
on Takenaka 305 for the teaching of a upper electrode being in
direct contract with the source electrode. In particular, the
Examiner states that Takenaka 305 teaches a "top" electrode 111
contacting the source/drain region in Figure 11.
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