Appeal No. 96-3889 Application 08/336,956 language, we find that the claim requires that source (116) is a distinct and separate element from the raised source contact member (106) and the drain (114) is a distinct and separate element from the raised drain contact member (108). Therefore, we find that the Examiner erred in finding that Yamaguchi's drain (6) shown in Figure 10 reads on both Appellants' claimed drain (114) and raised drain contact member (108) and that Yamaguchi's source (5) reads on both Appellants' claimed source (116) and raised source contact member (106). Furthermore, upon a careful review of Yamaguchi, we fail to find that Yamaguchi teaches raised source and drain contact members (106, 108) capped with a cap dielectric (70) having a cap top surface above said gate top surface as recited in Appellants' claim 11. As shown in Appellants' Figure 6, reference element (70) is shown as a dielectric capped over the raised source and drain contact members (106, 108). Turning to Yamaguchi, Yamaguchi cannot provide this limitation because Yamaguchi does not teach raised source and 6Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007