Appeal No. 1998-1069
Application No. 08/259,575
the claimed invention by the express teachings or suggestions
found in the prior art, or by implications contained in such
teachings or suggestions. Except for the Bergonzoni teaching
of simultaneous implantation and the motivation to modify the
method of Schwabe being to form a CMOS device by means of a
single additional masking step, the references of record fail
to provide express teachings or suggestions to make the
combinations suggested by the Examiner.
We agree with Appellant that while each of the references
includes one or more elements in common with the claimed
invention, each reference also has elements that are
antithetical to the claimed invention, and are completely
incongruent with the claimed invention and may just as easily
be extracted from the references. The references are directed
to a differing method of making MOS devices. The Examiner has
apparently selected differing process steps and conditions
from each of these references without guidance from express
teachings or suggestions in these references.
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