Ex Parte CHOW et al - Page 11




              Appeal No. 2000-0733                                                                                      
              Application No. 08/310,041                                                                                


              claim 34.  Accordingly, since we would need to resort to speculation (since Aronowitz                     
              leaves it open as to which ions are implanted first), we will not sustain the rejection of                
              claim 34 under 35 U.S.C. § 103.                                                                           
                     We have sustained the rejection of claims 32, 33, 35-37 and 39 under 35 U.S.C.                     
              § 103 but we have not sustained the rejection of claims 34 and 38 under 35 U.S.C.                         
              § 103.  Accordingly, the examiner’s decision is affirmed-in-part.                                         

























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