Ex Parte CRONIN et al - Page 7



          Appeal No. 2000-1402                                                        
          Application No. 08/755,052                                                  

          substrate 12 nor formed on a substrate that serves as an                    
          isolation area.  Appellants point out that the layer below layer            
          36a does not function as an isolation area and that metal layer             
          36a is electrically coupled to metal layer 32 formed in that                
          layer [brief-page 6].                                                       
               With regard to the metal layer 36a, it clearly is formed on            
          the surface of the substrate 12.  As explained supra, the claim             
          does not require that the contact layer be formed directly on the           
          surface.  Layer 36a is formed on the surface of substrate 12 via            
          layers 32, and doped region 10.  Further, substrate 12 does,                
          indeed, serve as “an isolation area,” as broadly claimed, because           
          of its insulative properties.                                               
               Accordingly, having responded to all of appellants’                    
          arguments regarding claim 5, we also will sustain the rejection             
          of this claim under 35 U.S.C. 102(e) over Stolmeijer.                       
               Finally, we turn to the rejection of claims 3, 7-9 and 13-15           
          under 35 U.S.C. 103.                                                        
               It is the examiner’s position that Stolmeijer teaches the              











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