Ex parte IWASAKI et al. - Page 4




          Appeal No. 96-0633                                                          
          Application 07/971,041                                                      


          Essentially, the claimed first embodiment recites either a                  
          single or plurality of apertures, each surrounding a                        
          respective one of a claimed device region.  On the other hand,              
          the claimed second embodiment recites features analogously in               
          the form of a plurality of openings, each surrounding a                     
          respective device region.                                                   
               Initially, we reverse the rejection of independent claims              
          4, 8 and 12 in as much as these claims recite the disclosed                 
          second embodiment requiring a plurality of openings                         
          surrounding a device region, further where each opening is                  
          separated from adjacent openings by the first insulating layer              
          material and each of which is also filled with a layer of                   
          second material confined to be within the opening.  We agree                
          with appellants’ basic assertion as to these claims in the                  
          brief and reply brief that no single reference and certainly                
          no combination of the teachings or suggestions of the                       
          references relied upon by the examiner would have taught or                 
          suggested to the artisan the claimed plurality of openings                  
          surrounding this device region recited in each of these                     
          independent claims.  It appears that the examiner has not come              
          to grips with the distinction of these claims relative to the               
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