Ex parte FULLER et al. - Page 7




          Appeal No. 1998-2924                                                        
          Application NO. 08/276,290                                                  



               Appellants state that "the Examiner alleges that the                   
          admitted prior art of [Appellants'] Figure 1 discloses                      
          substantially the claimed process of forming first and second               
          well regions having the same depth."  Brief, page 30.  Next,                
          Appellants argue that it can be inferred from Tanabe that the               
          depths of the respective base and well regions are not the                  
          same.  Brief, page 31.  Finally, Appellants argue that Sagara               
          teaches away from forming a base well having the same depth as              
          the well in which an adjacent MOS device was formed.  Brief,                
          page 32.                                                                    
               In response, the Examiner points out that Appellants'                  
          Figure 1 and the Background of the Invention illustrates base               
          and well regions of the same depth.  Examiner's Answer, page                
          3.  The Examiner already asserted in the Final Rejection,                   
          Paper No. 17, that "[The] Background of the invention, pages                
          1-4 and related Fig. [figure] 1 discloses substantially the                 
          claimed process for forming a programmable CMOS memory device               
          including the steps of forming first and second well regions                
          having the same depth                                                       



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