Ex Parte IGARASHI - Page 6




          Appeal No. 2001-2530                                       Page 6           
          Application No. 09/115,250                                                  


          buttresses the claim construction viewpoint that has been                   
          advanced in the briefs or otherwise supports appellant’s                    
          position.                                                                   
               Moreover, representative claim 16 is not drawn to a                    
          particular method that involves a sidewall spacer formation                 
          etching step and a source/drain region formation step as                    
          discussed by appellant in the brief but rather to a semiconductor           
          device.                                                                     
               On this record, appellant has not persuaded us of reversible           
          error in the examiner’s determination that representative claim             
          16 does not specify a transistor that differs structurally from             
          the transistor of Saida.1  Consequently, we shall affirm the                
          examiner’s stated rejection.                                                














               1 See 37 CFR § 1.192(a)                                                







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