Ex parte LEE - Page 14




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

                    traditional process (see, for example,                            
                    Applicant's specification, page 1, lines                          
                    14-18).  [Brief at 7.]                                            
          This argument fails to take into account that the artisan may               
          have been willing to increase the number of process steps in                
          order to obtain a thinner base region and better transistor                 
          performance.  See Winner Int'l Royalty Corp. v. Wang, 202 F.3d              
          1340, 1349 n.8, 53 USPQ2d 1580, 1587 n.8 (Fed. Cir. 2000)                   
          ("The fact that the motivating benefit comes at the expense of              
          another benefit, however, should not nullify its use as a                   
          basis to modify the disclosure of one reference with the                    
          teachings of another.  Instead, the benefits, both lost and                 
          gained, should be weighed against one another.").                           
          Appellant's other unpersuasive argument is that Doki's                      
          technique requires a second annealing at a temperature of 900               
          degrees C to form the source and drain regions of the MOS                   
          transistor (col. 6, lines 43-49) and that such thermal                      
          annealing would adversely impact any bipolar devices, as noted              
          in appellant's specification at 5, second full paragraph.                   
          This argument is unconvincing because the rejection does not                
          rely on Doki's disclosed technique for forming shallow source               
          and drain regions in a MOS transistor.  Instead, the                        

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