Ex parte BEYER et al. - Page 6




          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               



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