Appeal No. 2001-2659
Application 08/919,674
THE REFERENCE
Kume et al. (Kume) 5,188,976 Feb. 23, 1993
THE REJECTION
Claims 1-13 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Kume.
OPINION
We reverse the aforementioned rejection and remand the
application to the examiner. We need to address only the
independent claims, i.e., claims 1, 2, 10 and 12.
Claims 1 and 2
“Anticipation requires that every limitation of the claim in
issue be disclosed, either expressly or under principles of
inherency, in a single prior art reference.” Corning Glass Works
v. Sumitomo Electric, 868 F.2d 1251, 1255-56, 9 USPQ2d 1962, 1965
(Fed. Cir. 1989).
Both of claims 1 and 2 require the step of “forming a first
polysilicon layer over the entire surface of said semiconductor
base, and then patterning said first polysilicon layer in a
manner such that said first polysilicon layer is left covering
only said first gate insulating layer of said first region”.
Claims 1 and 2 do not require that the steps are carried out in
the recited order. However, the forming and patterning in the
3
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