Ex Parte ALSMEIER et al - Page 7

          Appeal No. 2000-1590                                                         
          Application 09/130,226                                                       

          that the nitride spacers of Gardner would suggest the use of                 
          nitride plugs as recited in claims 1 and 10.                                 
          For these reasons, we do not sustain the examiner’s                          
          rejection of independent claims 1 and 10 or of claims 2-9 which              
          depend from claim 1.  Therefore, the decision of the examiner                
          rejecting claims 1-10 is reversed.                                           
          REVERSED                                                                     






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                         JERRY SMITH                    )                              
                         Administrative Patent Judge    )                              
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                                                        )                              
                                                        ) BOARD OF PATENT              
                         ANITA PELLMAN GROSS            )                              
                         Administrative Patent Judge    )   APPEALS AND                
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                                                        ) INTERFERENCES                
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                         LANCE LEONARD BARRY            )                              
                         Administrative Patent Judge    )                              




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