Appeal No. 1997-3916
Application No. 08/429,650
exactly above the high concentration regions (4) (page 11) and that the high concentration region (4) is at
the mid position between the source region and the drain region (page 11). However, Makino does not
disclose the high concentration layer (4) to be narrower than the gate electrode (7). Accordingly, Makino
does not overcome the deficiencies of Miyamoto. We therefore will reverse the rejection of claim 25
under 35 U.S.C. § 103 as unpatentable over Miyamoto in view of Makino. As claims 27-30 depend from
claim 25, the rejection of claims 27-30 as unpatentable over Miyamoto in view of Makino is reversed.
Turning now to the rejection of claim 26 as unpatentable over Miyamoto in view of Makino and
further in view of Sanchez, as Sanchez does not overcome the deficiencies of Miyamoto and Makino, the
rejection of claim 26 under 35 U.S.C. §103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 25-30 under 35 U.S.C. §103
§ 112, second paragraph is reversed. The decision of the examiner to reject claims 25-30 under 35
U.S.C. §103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
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