Ex Parte JOHNSON - Page 6




            Appeal No. 2001-0297                                                                              
            Application No. 09/196,375                                                                        


            for all of the transistors on the integrated circuit to achieve the increased density.  While     
            Akcasu teaches the varied thickness for reducing capacitance and increasing density,              
            we find no teaching or suggestion that these benefits may be achieved with one varied             
            thickness transistor and one uniform transistor.  Therefore, we find that the examiner            
            has not established that the combination of teachings would have taught or suggested              
            the use of one transistor with a buried region of varied thickness and one transistor with        
            a buried region uniform thickness transistor, and we cannot sustain the rejection of              
            independent claim 3 and its dependent claims 4, 5, and 8-10.                                      
















                                               CONCLUSION                                                     
                   To summarize, the decision of the examiner to reject claims 3-5 and 8-10 under             
            35 U.S.C. § 103 is reversed.                                                                      

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