Appeal No. 95-5110
Application 07/918,954
whole; there is no legally recognizable 'heart' of the
invention." Para-Ordnance Mfg. v. SGS Importers Int’l, Inc.,
73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995),
citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
In the answer, the Examiner argues that Tsuzuki teaches
all of the limitations of the claims except for the
limitations
directed to a trench type insulate gate electrode structure.
The Examiner then points to Figure 1 of Katou and argues that
Katou teaches a trench type insulated gate electrode
structure. The Examiner argues that those skilled in the art
would have reason to modify Tsuzuki by providing a trench type
insulated gate electrode because the modification would result
in a reduction of the size of the device. The Examiner
further argues that those skilled in the art would have
extended the trench to within 0.5 Fm of the n type layer 3
5
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