Ex parte SHINOHARA - Page 11




          Appeal No. 1998-1097                                                         
          Application No. 08/557,484                                                   

          with an n-type material), with the first doped region formed                 
          in an SiO  layer (32) which in turn is formed on a silicon                   
                   2                                                                   
          substrate (31).   Like Appellants, we do not find such a                     
          configuration in Ito.  While it appears from the illustration                
          in Figure 4 that, as asserted by the Examiner, Ito shows two                 
          doped regions 18 and 19, we find no disclosure in Ito of the                 
          formation of the first doped layer in the SiO  layer as                      
                                                        2                              
          required by claim 11.  Therefore, since all of the claimed                   
          limitations are not disclosed by Ito, the Examiner’s 35 U.S.C.               
           102(b) rejection of claims 11 and 12 is not sustained.                     
          In summary, with respect to the Examiner’s 35 U.S.C.                         
           102(b) rejection based on Senuma, we have sustained the                    
          rejection of claim 1, but have not sustained the rejection of                
          claims 2, 4, 7, and 8.  We have not sustained the Examiner’s                 
          35 U.S.C.  102(e) rejection of claims 2-8 based on Miwa.                    
          Lastly, with respect to the Examiner’s 35 U.S.C.  102(b)                    
          rejection based on Ito, we have sustained the rejection of                   
          claims 9 and 10, but have not sustained the rejection of                     
          claims 11 and 12.  Therefore, the Examiner’s decision                        
          rejecting claims 1-12 is affirmed-in-part.                                   



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