Appeal No. 1999-1517
Application No. 08/837,523
examiner’s position that the Ehinger reference is used only to
show that an intermediate
layer between the doped diffusion layer and the substrate is
introduced for the purpose of controlling of diffusion of the
dopant into the substrate and the gate. This teaching is
clearly disclosed by Ehinger (see page 7 of the translation of
the Ehinger reference).
Appellants also argue (brief at page 8) that “the added
limitation of the sidewall spacers provides a further and a
functional limitation.” However, within claims 1 through 10,
which are being considered on merits, we find no such
limitations. Therefore, the arguments relating to the
sidewall spacers are not commensurate in scope with the claims
on review in this appeal.
Therefore, we sustain the obviousness rejection of claims
1 through 10 over Byun and Ehinger.
In conclusion, we affirm the decision of the examiner
rejecting claims 1 through 30 under 35 U.S.C. § 112, first
paragraph. We also affirm the examiner’s decision rejecting
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