Ex parte GARDNER et al. - Page 4




          Appeal No. 2000-0732                                                        
          Application No. 08/741,799                                                  


          appellants’ grouping of the claims at page 4 of the principal               
          brief, all the claims will stand or fall together.                          
          Accordingly, we will concentrate our comments on independent                
          claim 1.                                                                    
               Claim 1 stands rejected as being anticipated by Kato.  As              
          we understand it, it is the examiner’s position that Kato’s                 
          semiconductor device is considered to have a semiconductor                  
          body (comprising substrate 10 and epitaxial layers 13 in                    
          combination), wherein the top surface of the semiconductor                  
          body is the top surface of the epitaxial layers 13.  Embedded               
          layer 11 is then considered the claimed “heavily-doped layer                
          beneath and separated from the top surface” and including a                 
          first dopant since the N+ material of embedded layer 11 is                  
          more heavily doped than the N material of the epitaxial layers              
          13.  The examiner points to gate 22 in Figure 2(f) and to                   
          source/drain regions 27 in Figure 2(g) of Kato and indicates                
          that the gate is formed over the semiconductor body and the                 
          source/drain regions are formed within the semiconductor body.              
               Up to this point, the examiner’s analysis and application              
          of Kato to the instant claimed subject matter appears                       
          reasonable.                                                                 
                                         4–                                           





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