Ex parte IWANAGA et al. - Page 5




          Appeal No. 1997-4035                                                            
          Application No. 08/274,475                                                      


          overlap is insufficient to constitute being "on" the                            
          interlayer insulating layer.  Accordingly, Konishi does not                     
          meet all of the limitations of the independent claims.                          
               We note that the rejection also relies upon Blake.                         
          However, Blake does not relate to hydrogenation and does not                    
          teach forming a cap layer on an interlayer insulating layer.                    
          Thus, the examiner cited Blake merely for the material of the                   
          source and drain electrodes.  Consequently, Blake does not                      
          cure the deficiencies of Konishi.  Therefore, we cannot                         
          sustain the obviousness rejection of claims 1 through 11 and                    
          24.                                                                             









                                       CONCLUSION                                         
               The decision of the examiner rejecting claims 1 through                    
          11 and 24 under 35 U.S.C. § 103 is reversed.                                    
                                        REVERSED                                          


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