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 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007