Ex parte MALHI - Page 6




          Appeal No. 1997-1624                                                            
          Application No. 08/384,816                                                      


          considered the drain region.  Further, since oxide isolation                    
          film (62) extends into the portion of layer 61 between layer                    
          63 and element 14, the isolation film extends into the drain                    
          region, notwithstanding appellant's unsupported statement to                    
          the contrary (Brief, page 5).                                                   
               The examiner stated at the end of the rejection (Answer,                   
          page 4) that the transistors of Cogan can be replaced by the                    
          power MOSFET of Tamagawa because they are all vertical power                    
          transistors, with no explanation as to the motivation for                       
          making such a substitution.  Appellant argues at length                         
          (Brief, pages 5-6) that replacing Tamagawa's MOSFET with                        
          Cogan's devices requires some motivation to do so.  We agree.                   
          However, viewing the examiner's response to appellant's                         
          argument (Answer, paragraph bridging pages 5 and 6), we                         
          believe that the examiner was not suggesting a substitution of                  
          one transistor for the other.  Rather the examiner was                          
          attempting to demonstrate that the transistors have similar                     
          structures and, therefore, that the teachings of Cogan (for                     
          the isolation structure) can be combined with Tamagawa.  As                     
          Cogan suggests the need for isolation between vertical                          
          transistors, Cogan provides motivation for modifying Tamagawa                   
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