Ex parte SERY - Page 1



                                                       Paper No. 31                   

               THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                           
          The opinion in support of the decision being entered today                  
          (1) was not written for publication in a law journal and                    
          (2) is not binding precedent of the Board.                                  

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    _______________                                   
                           BEFORE THE BOARD OF PATENT APPEALS                         
                                   AND INTERFERENCES                                  
                                    _______________                                   
                                Ex parte GEORGE E. SERY                               
                                   and JAN A. SMUDSKI                                 
                                     ______________                                   
                                   Appeal No. 1996-1431                               
                              Application 08/087,140                                  
                                    _______________                                   
                              ON BRIEF                                                
                                    _______________                                   
          Before JERRY SMITH, FLEMING and RUGGIERO, Administrative Patent             
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   
                                                                                     
                                   DECISION ON APPEAL                                 

          This is a decision on the appeal under 35 U.S.C.  134                      
          from the examiner’s rejection of claims 76-94, which constitute             
          all the claims remaining in the application.                                
          The disclosed invention pertains to the manufacture of                      
          circuits which include memory cells and peripheral transistors.             
          Typically, the gate oxide of the memory cells is formed at a                
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