Appeal No. 96-3889
Application 08/336,956
9 is not a cap top dielectric above a raised source and drain
contact member but instead a cap top dielectric for the gate
8.
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998).
We note that Appellants' claim 11 recites:
An SOI field effect transistor . . .
comprising a source (116) and drain (114)
. . . further comprising: . . . raised
source and drain contact members (106, 108)
capped with a cap dielectric (70) having a
cap top surface above said gate top
surface. [Emphasis added.]
We note that the reference element numerals refer to
Appellants' Figure 6 which shows that the source (116) is a
distinct and separate element from the raised source contact
member (106).
Similarly, Appellants' Figure 6 shows that the drain (114) is
a distinct and separate element from the raised drain contact
member (108). Furthermore, when we review the above claim
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