Ex Parte HASUNUMA et al - Page 8




          Appeal No. 2001-0646                                                        
          Application No. 09/227,935                                                  


          the specified shape and the impurity concentration of an impurity           
          connection means formed by the manufacturing method according to            
          applicant’s [sic, applicants’] written description.”                        
               We agree with the Examiner’s position.  We, like the                   
          Examiner, see no reason why the impurity region (12) in Fig. 15             
          of the disclosure (prior art) cannot be considered as having two            
          regions, one closer to the lower end of the connection hole and             
          the other away from the lower end of the connection hole and                
          proximate to the strip-shape region (3).  We are also of the                
          opinion that Appellants’ arguments are not commensurate with the            
          recited structure in claim 1.                                               
               Appellants further argue (Reply Brief at page 2) that                  
          “[t]here has been no allegation by the Examiner that Kuroda                 
          teaches or suggests piercing the element isolation region 11 to             
          form an interconnection with an underlying impurity region as               
          recited in claim 1.”  However, we are of the view that the                  
          Examiner uses the prior art Fig. 15 of the disclosure to show the           
          connection hole as piercing the isolation region recited in claim           
          1.                                                                          
               Therefore, we sustain the obviousness rejection of claim               
          1 over the admitted prior art in view of Kuroda.                            
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