Ex Parte CHEEK et al - Page 6




          Appeal No. 2001-1419                                                        
          Application No. 09/199,960                                                  


          disclosed by Chatterjee with the silicided, elevated source/drain           
          regions taught by Rodder et al. and Wolf, because both Wolf and             
          Rodder et al. teach the benefits of elevated source/drain                   
          regions.”  (Final Office action, page 2).                                   
               With respect to representative independent claim 9, after              
          reviewing the Examiner’s analysis, it is our view that such                 
          analysis points out the teachings of the Chatterjee, Rodder, and            
          Wolf references, reasonably indicates the perceived differences             
          between this prior art and the claimed invention, and provides              
          reasons as to how and why the prior art teachings would have been           
          modified and/or combined to arrive at the claimed invention.  In            
          our opinion, the Examiner's analysis is sufficiently reasonable             
          that we find that the Examiner has at least satisfied the burden            
          of presenting a prima facie case of obviousness.  The burden is,            
          therefore, upon Appellants to come forward with evidence and/or             
          arguments which persuasively rebut the Examiner’s prima facie               
          case of obviousness.  Only those arguments actually made by                 
          Appellants have been considered in this decision.  Arguments                
          which Appellants could have made but chose not to make in the               
          Brief have not been considered (see 37 CFR § 1.192(a)).                     
               In response, Appellants offer several arguments in support             
          of their contention that the Examiner has failed to establish a             

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