Ex parte IWASAKI et al. - Page 8




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


          formed only in the trench in the device forming region.                     
          Appellants’ characterization of Ishii at page 4 of the                      
          principal brief on appeal already recognizes that with respect              
          to figure 1 the so-called trench 7 surrounds the device region              
          11 as set forth in independent claims 1 and 5 on appeal.                    
               At the bottom of page 4 of the reply brief appellants                  
          argue that claims “2 and 6 include apertures filled with a                  
          layer of material confined within the aperture.”  Claims 2 and              
          6 recited identical subject matter but different parent claims              
          and, instead of the characterization at page 4 of the reply                 
          brief as just set forth by appellants, merely recite that the               
          second material is capable of completely filling the aperture               
          and providing an interface with the insulation layer.  Ishii’s              
          Figures 1 and 3 show such.  There is no more particular                     
          recitation in dependent claims 2 and 6 of the feature argued                
          by appellants as to that expressed in the parent claims 1 and               
          5 on appeal. We also note that there are no particulars argued              
          with respect to dependent claims 3, 7, 9 and 10.  Therefore,                
          we sustain both rejections of claims 1 through 3, 5 through 7,              
          9 and 10.                                                                   


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