Ex Parte MAKI - Page 9



          Appeal No. 2001-1523                                                         
          Application No. 08/731,236                                                   

          Christenson does teach the steps of making bipolar transistors,              
          see answer at pages 7 and 8.                                                 
               We are not persuaded by the examiner’s position.  We,                   
          instead, agree with appellant that Christenson merely teaches the            
          forming of a semiconductor integral circuit device and does not              
          even describe the concept of a semiconductor memory, let alone               
          the specific recited process.  Furthermore, we also agree with               
          appellant that Christenson does not suggest concurrent making of             
          the contact hole metallization with the making of the bipolar                
          transistors.  Therefore, we do not sustain the rejection of                  
          claims 1 and 12 over Christenson.                                            
               Christenson and Komatsu                                                 
               The examiner rejects claims 1 through 16 and 18 through 24              
          over this combination at pages 4 and 5 of the examiner’s answer.             
          After considering the appellant’s arguments (brief at page 10)               
          and the examiner’s response (answer at page 9), we conclude that             
          the rejection is not sustainable because Komatsu does not cure               
          the deficiency of Christenson as noted above.                                





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