Ex parte HO - Page 13




                 Appeal No. 1998-1069                                                                                                                   
                 Application No. 08/259,575                                                                                                             


                 prior art, is the provision of a lightly doped drain (LLD)                                                                             
                 structure."  Moreover, the Examiner asserts that Bergonzoni's                                                                          
                 method would have suggested to one of ordinary skill in the                                                                            
                 art that a CMOS device having an LDD structure could be formed                                                                         
                 by modifying the method of Schwabe et al.                                                                                              
                          As regards the issue of ion kinetic energies of                                                                               
                 Bergonzoni being 60 keV, which is less than the claimed "at                                                                            
                 least about 70 keV," the Examiner posits that neither                                                                                  
                 Appellant's specification nor any additional evidence suggests                                                                         
                 to one in the art that 70 keV is critical to the claimed                                                                               
                 invention.  The Examiner thereby finds  that the claimed            18                                                                 
                 kinetic energy is deemed to be                                                                                                         
                 prima facie obvious based on process optimization as                                                                                   
                 determined through routine experimentation by one of ordinary                                                                          
                 skill in the art.                                                                                                                      
                          In response to Appellant's arguments that Bergonzoni does                                                                     
                 not show that a p-well is formed, and that in the process of                                                                           
                 Hsu no p-well is formed, the Examiner points to Schwabe's                                                                              
                 teaching of the suitability of forming an NMOS transistor                                                                              


                          18Answer, page 7                                                                                                              
                                                                          13                                                                            





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