Ex parte FULLER et al. - Page 9




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



          and Sagara individually  do not teach the depth limitation.                 
          Although we appreciate Appellants' argument that neither                    
          Tanabe nor Sagara teach that the depths of the respective base              
          and well regions are the same, Appellants' argument is                      
          unpersuasive here where the Examiner relies solely on the                   
          admitted prior art for the rejection of this claim limitation               
          and excludes the teaching of Tanabe and Sagara from                         
          consideration.                                                              
               Next, Appellants argue that Tanabe contains no disclosure              
          or suggestion of making the emitter region deeper and doping                
          concentration greater than that of source and regions of a MOS              
          device in a same depth well.  Brief, page 32.  Further,                     
          Appellants argue that Sagara discloses a method of                          
          manufacturing a BiCMOS device that is considerably different                
          from that of either the prior art or Appellants' claims and                 
          emphasize that Sagara does not implant an emitter region but                
          rather out diffuses it from a doped surface.  Brief, page 33.               
               Our review of Sagara finds that Sagara teaches the claim               
          limitation "forming an emitter region . . . such that said                  
          emitter region has . . . a third depth from said first surface              

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