Ex parte LEE - Page 5




          Appeal No. 1997-3979                                                        
          Application No. 08/586,365                                                  

          Figures 7A-7F show the technique being used to produce an MOS               
          transistor (col. 6, lines 3-6), more particularly to produce                
          the pG region 31 in Fig. 7D (col. 6, lines 28-35).  Figures                 
          8A-8E show the technique being used to produce a bipolar                    
          transistor (col. 6, lines 57-59), more particularly to produce              
          the p-type base layer indicated as 42 in Fig. 8C (col. 7,                   
          lines 37-44).  Figure 10 shows the impurity concentration S                 
          characteristic of a bipolar transistor base layer having a                  
          thickness of 40 nm, which is 400D (col. 7, lines 62-68).                    
          Figure 13B shows the impurity concentration characteristic for              
          a base layer about 340D thick, formed in the presence of                    
          oxygen (col. 8, lines 37-43).  Appellant argues that                        
                    [a]lthough Doki does teach how a shallow                          
                    junction can be formed on either a FET device                     
                    or a bipolar device, these descriptions are                       
                    mutually exclusive of one another.  There is                      
                    simply no teaching or suggestion of forming                       
                    such a shallow junction on a semiconductor                        
                    device having both bipolar and MOS transistors                    
                    (i.e. a BiCMOS device).  [Brief at 5.]                            
          That the examiner agrees with appellant that claim 19 calls                 
          for a BiCMOS device is apparent from the following argument:                
                    While it is true that Doki does not                               
                    explicitly recite forming both the bipolar                        
                    and MOS transistors on the same substrate,                        
                    note claim 19 only recites a shallow junction                     

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