Ex Parte BIRDSLEY et al - Page 7




          Appeal No. 2001-1451                                                        
          Application No. 09/166,656                                                  


          the examiner has disregarded the language of the claims.  The               
          claim language is not as broad as averred by the examiner.  The             
          claims specifically recite that the probe must terminate at the             
          active layer, which requires the probe to contact the                       
          source/drain region.  AAPA fails to remedy the deficiency of                
          Gaul.  Consequently, we cannot sustain the rejection of claims 1            
          through 17 and 19 through 23.                                               
               Regarding claim 18, the examiner adds Kazama to AAPA and               
          Filippazzi or Gaul.  Since Kazama fails to overcome the                     
          shortcomings of both Filippazzi and Gaul, we cannot sustain the             
          rejection of claim 18.                                                      



















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