Appeal No. 2001-1523
Application No. 08/731,236
12 . . . . Applicant’s invention is therefore not achievable by
merely re-ordering Shiomi et al’s steps, and such re-ordering is
not suggested . . . .” The examiner responds (answer at page 6)
that “[i]n the instant case, Shiomi et al. clearly discloses,
forming a plurality of openings selectively in an
insulating film . . ., concurrently forming one of said contact
holes, in bipolar transistors forming region . . ., as cited in
claim 1.” Appellant responds (reply brief at page 3) that
“Shiomi et al fail to teach or suggest forming bipolar
transistors at locations of openings formed concurrently with
forming contact holes, . . . .”
We have reviewed the Shiomi patent, especially columns 7
and 8 where the process of Figs. 5A through 5G is explained.
We do not find that the forming of the contact conductors in
the contact holes and the forming of bipolar transistors are
concurrently performed in Shiomi’s process. In Shiomi, the
metallization of the contact holes is performed after all the
transistors have been made. The examiner’s assertion that the
recited process is a mere re-ordering of the steps in a complex
7
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