Appeal No. 1999-1517 Application No. 08/837,523 examine the claims in greater detail than argued by an appellant, looking for nonobviousness distinctions over the prior art."); In re Wiechert, 370 F.2d 927, 936, 152 USPQ 247, 254 (CCPA 1967)("This court has uniformly followed the sound rule that an issue raised below which is not argued in that court, even of it has been properly brought here by reason of appeal is regarded as abandoned and will not be considered. It is our function as a court to decide disputed issues, not to create them.”). The examiner at pages 4 and 5 of the answer states that “it would have been obvious . . . to form an insulating layer between the source/drain/gate regions and the substrate in the primary reference of Byun et al. as disclosed by Ehinger et al. because this would allow for better control over the depth and the concentration of the source/drain/gate regions.” Appellants argue (brief at page 5) that “nowhere in the Byun reference is the possible diffusion of ions into the gate electrode discussed or even suggested.” The examiner’s response, page 5 of the answer is that “[a]pplicant appears to admit on page 5, lines 19-21, that gate electrode 23 will inherently be doped to some 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007