Ex parte BEYER et al. - Page 7




          Appeal No. 96-3889                                                          
          Application 08/336,956                                                      



          drain contact members.  Furthermore, the Examiner erred in                  
          reading Appellants' claim                                                   


          language on Yamaguchi element 9 because element 9 is shown in               
          Figure 10 and disclosed in column 5 as being an interlayer                  
          insulation film for gates 8 and 18.  Therefore, we find that                
          Yamaguchi fails to teach all of the limitations of claim 11,                
          and thereby the claim is not anticipated by Yamaguchi.                      
                    In view of the foregoing, the decision of the                     
          Examiner rejecting claim 11 is reversed.                                    
                                      REVERSED                                        




                         LEE E. BARRETT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         MICHAEL R. FLEMING           )     APPEALS AND               
                         Administrative Patent Judge  )                               
          INTERFERENCES                                                               
                                                       )                              
                                                       )                              
                                                       )                              
                         ANITA PELLMAN GROSS          )                               

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