Appeal No. 2001-1523
Application No. 08/731,236
Shiomi
The examiner rejects claims 1 and 12 under this reference
at pages 3 and 4 of the examiner’s answer. The examiner asserts
(id. at page 4) that “Shiomi lacks anticipation for implanting
selectively prior to the formation of the insulating film
. . . . . However, the selection of any order of performing
process steps is prima facie obvious in the absence of new or
unexpected results.” Appellant argues (brief at page 6) that
“[o]n the contrary, in Shiomi et al’s method, transistors are
formed before forming the metal contacts. Furthermore, Shiomi et
al’s bipolar transistors are formed using a plurality of
implanting steps through different holes formed in different
resists. Therefore, in Shiomi et al’s method, bipolar
transistors are not formed at the locations of openings having
been concurrently formed with forming contact holes for
semiconductor memories.” Appellant further argues (brief at
page 7) that “absent improper hindsight, there is no evidence of
clear suggestion either in the Shiomi et al patent or within the
record to perform the steps recited in Applicant’s Claims 1 and
6
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