Ex parte FULLER et al. - Page 20




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



          region and the base contact region."  Brief, page 37.                       
          Appellants further argue that Sagara does not disclose a LOCOS              
          process to form the field oxide.  Brief, page 38.                           
               Claim 19, step (e) recites this limitation.  It states,                
          19.  (e) performing local oxidation of the surface of said                  
          substrate to form field oxide having an aperture therethrough               
          overlying said second well region, such that said field oxide               
          does not overlie said first surface portion of said second                  
          well region between said emitter region and said base contact               
          region.                                                                     

               We find that neither the admitted prior art, nor Tanabe                
          nor Sagara teaches Appellants' claim limitations as recited by              
          claim 19, step (e), supra.  Examiner has failed to establish a              
          prima facie case.  Accordingly, we reverse the Examiner's                   
          rejection of claim 19.  Claims 20-23 depend from claim 19 and               
          we likewise reverse the rejection of these dependent claims.                
               Considering now independent claim 29, Appellant argues                 
          that the cited prior art contains no teaching or suggestion of              
          LOCOS formation of the field oxide, so that the bird's beak                 
          edge of the field oxide aperture is spaced apart from the                   
          emitter region. Brief, page 42.                                             
               Claim 29, step (d) recites this limitation as follows:                 

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