Ex parte IKEGAMI - Page 8




          Appeal No. 96-1271                                                          
          Application No. 08/190,388                                                  


          or due to the silicide reaction.  It is only appellant who                  
          teaches the use of specific metal silicides, e.g., titanium                 
          silicide, as a layer over a base contact impurity region of                 
          such high impurity concentration that the flow of impurities                
          out of the base contact impurity region during the titanium                 
          silicide formation does not result in an impurity                           
          concentration in the base contact impurity region of such a                 
          low concentration that base contact resistance would increase.              
          While titanium silicides, for example, were well known,                     
          contrary to the examiner’s position, we find no reason that                 
          would have led the artisan to employ the titanium silicide                  
          layer of Welch in place of the palladium/platinum silicide                  
          layer of Lechaton.                                                          
               We also note that the examiner’s attempt, at page 6 of                 
          the answer, to somehow discount the specific claim limitation               
          of the particular group of metal silicide layer used, based on              
          the apparent reasoning that the instant claims are product-by-              
          process claims, is not well founded.  Quite clearly, the                    
          recited metal silicide layer, consisting of a certain group of              
          metal silicides, is a structural limitation and cannot be                   


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