Ex Parte FIGUEREDO - Page 4




          Appeal No. 2000-2060                                                        
          Application 08/568,209                                                      


               Rather than repeat the arguments of Appellant and the                  
          Examiner, we make reference to the Briefs3 and the Answer for the           
          respective details thereof.                                                 
                                       OPINION                                        
               With full consideration being given the subject matter on              
          appeal, the Examiner’s rejections and the arguments of Appellant            
          and Examiner, for the reasons stated infra, we will not sustain             
          the Examiner’s rejection of claims 1-6, 8-14, 16-20 and 22 under            
          35 U.S.C. § 103.                                                            
               The Examiner argues that Hess discloses all the elements               
          found in claims 1-6, 8-14, 16-20 and 22, except for “a multi-               
          functional layer having a first portion that functions as a                 
          channel of the transistor” as recited in independent claim 1, “an           
          uninterrupted layer of conductive material inter-connected                  
          between and forming at least a part of the transistor and the               






               3  Appellant filed an appeal brief on June 1, 1999, Paper              
          No. 18.  In response to the Examiner’s Answer, Paper No. 19,                
          mailed August 3, 1999, the Appellant filed a Reply Brief on                 
          October 7, 1999, Paper No. 20.  The Examiner mailed an office               
          communication on December 30, 1999, stating that the reply brief            
          has been entered.                                                           
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