Appeal No. 96-0285
Application 07/900,528
The examiner has relied on the following references:
Lechaton et al. (Lechaton) 4,960,726 Oct. 2, 1990
Ning et al. (Ning), “Self-Aligned Bipolar Transistors for
High-Performance and Low-Power-Delay VLSI,” IEEE Transactions
On Electron Devices, Vol. ED-28, No. 9, Sept. 1981, pages
1010-1013.
Claims 1-19 were finally rejected under 35 U.S.C. §
112, second paragraph, for failing to particularly point out
and distinctly claim the invention. The examiner’s answer
indicated that only claims 1, 2, 10 and 12 were still rejected
under the second paragraph of 35 U.S.C. § 112, however, the
answer also noted an unclear recitation in independent claim
13. We will assume that claims 1-19 remain rejected under the
second paragraph of Section 112. Claim 12 was also finally
rejected under 35 U.S.C. § 102(b) as being anticipated by the
disclosure of Lechaton. After the filing of the appeal brief,
the examiner withdrew this rejection of claim 12 and replaced
it with a rejection under 35 U.S.C. § 103 as being
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