Ex parte HENRICKSON et al. - Page 8




          Appeal No. 1998-2044                                                        
          Application No. 08/719,773                                                  


          as teaching a shortened surface channel and a buried layer for              
          carrier confinement.  The examiner finds that it would have                 
          been obvious to the artisan to combine the teachings of Kagami              
          and Yazawa [answer, page 4].                                                
          Appellants make the following arguments: 1) appellants                      
          argue that Yazawa does not disclose a surface channel region                
          as asserted by the examiner, but only a buried channel region;              
          2) appellants argue that Kagami teaches only a surface channel              
          region with no buried channel region; 3) appellants argue that              
          there would be no basis for combining Kamagi’s surface channel              
          features with Yazawa because Yazawa seeks to avoid any surface              
          current; and 4) appellants argue that Yazawa teaches away from              
          the alignment recited in claims 17-23 [brief, pages 7-11].                  
          The examiner responds that the area under n+ region 27 in                   
          Kagami is a buried channel within appellants’ definition of                 
          the term [answer, pages 5-6].  Appellants respond that there                
          is no buried channel in the Kagami device [reply brief].                    
          We basically agree with each of appellants’ arguments set                   
          forth above.  We do not accept the examiner’s position that                 
          the impurity region 27 of Kagami creates a buried channel                   
          region within appellants’ own definition.  Appellants have                  
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