Ex Parte NISHIDA et al - Page 3




             Appeal No. 2000-1927                                                                                     
             Application No. 08/990,754                                                                               

                    We refer to the Final Rejection (mailed Jan. 7, 2000) and the Examiner's Answer                   
             (mailed Jun. 20, 2000) for a statement of the examiner's position and to the Brief (filed                
             May 11, 2000) and the Reply Brief (filed Jun. 29, 2000) for appellants’ position with                    
             respect to the claims which stand rejected.                                                              


                                                      OPINION                                                         
                    With respect to independent claim 1, the examiner presents alternative                            
             reasoning in the section 103 rejection over Murakami and Hori.  First, the examiner                      
             submits the view that it would have been obvious to form an LDD (lightly doped drain)                    
             structure comprising source and drain regions having high concentration (n+) in the                      
             structure shown in Murakami’s Figure 35.  (Answer at 4-5.)  The examiner urges that, in                  
             the alternative, it would have been obvious to form a leakage current prevention region                  
             in a transistor as shown in Murakami’s Figure 24.  (Id. at 5)  In either case, the rejection             
             relies on Hori to show obviousness of using metal compound layers on surfaces of the                     
             source, drain, and gate, for the purpose of providing electrical connections to the                      
             device.  (Id. at 6.)                                                                                     
                    Appellants argue in the briefs that the references do not provide motivation for                  
             the proposed modifications, and that Murakami in particular teaches away from                            
             appellants’ invention.  The examiner considers the arguments that Murakami teaches                       
             away from the invention to be not persuasive, because the invention described by                         
             Murakami (e.g., Figure 1) was not relied upon for the rejection.  “Admitted Prior Art                    
                                                         -3-                                                          





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