Ex parte GROVES et al. - Page 5




          Appeal No. 1995-3416                                                        
          Application No. 08/127,707                                                  


               Appellants maintain at page 5 of the principal brief that              
          "it is not seen wherein Kurakami et al. implants through the                
          gate oxide to form regions 210 and 210'."  Appellants point                 
          out that "Kurakami et al. clearly state at column 1 [sic, 5],               
          lines 37 to 40 'by making use of the gate electrode 203 as a                
          mask to form P+type regions 210 and 210' . . .'" (page 5 of                 
          principal brief).  However, the reference specifically                      
          discloses that "[e]specially where ion implantation is carried              
          out, it may be effected through the gate insulator film                     
          without removing the gate insulator film" (column 5, lines 45-              
          47, emphasis added).                                                        
               Appellants also contend that "there would be no reason,                
          applying the Examiner's reasoning, to believe that the implant              
          would not travel through a sufficient amount of field oxide to              
          provide the higher concentration even beyond the bird's beak                
          region, thereby not being readable of the claims on appeal"                 
          (page 5 of principal brief).  First, the appealed claims do                 
          not preclude a concentration gradient beneath the insulating                
          layer that diminishes in the direction beyond the bird's beak               
          region, yet still has a greater concentration beneath the                   
          bird's beak region than beneath the remainder of the area                   

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