Appeal No. 2001-1545 Application No. 09/199,666 teachings of Shiozawa to teach or suggest the use of two dielectric layers, we will not sustain the rejection of independent claim 34. Since independent claims 1 and 33 contain similar limitations directed to the use of two gate dielectric layers, we will similarly not sustain the rejections of these claims and their dependent claims 2-7, 9, 10 and 26-31. CONCLUSION To summarize, the decision of the examiner to reject claims 1-7, 9, 10, and 26- 34 under 35 U.S.C. § 103 is reversed. REVERSED ERROL A. KRASS ) Administrative Patent Judge ) ) ) ) ) BOARD OF PATENT JOSEPH L. DIXON ) APPEALS Administrative Patent Judge ) AND ) INTERFERENCES ) ) ) LANCE LEONARD BARRY ) Administrative Patent Judge ) JLD/vsh 7Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007