Ex Parte RHODES - Page 3




                Appeal No. 2002-0578                                                                                                    
                Application No. 09/190,055                                                                                              
                        transferring image generated electrical charges collected by said activated sensor                              
                        to said node, the voltage of the node changing from said first predetermined voltage to a                       
                        second voltage corresponding to the respective amount of transferred electrical charges;                        
                        and                                                                                                             
                        generating an output signal by transferring charge from said node of said                                       
                        activated sensor to an output transistor via a buried conductor having an interconnect                          
                        portion that extends over and is formed in contact with a field oxide region located                            
                        between said node and said output transistor.                                                                   
                                                             PRIOR ART                                                                  
                        The examiner relies on the following prior art:                                                                 
                Merrill                         5,789,774                                       Aug. 4, 1998                            
                Appellant’s admission in the “Discussion of Related Art” section of the specification, pages 1-15                       
                (hereinafter referred to as “the admitted prior art”).                                                                  
                                                            REJECTIONS                                                                  
                1)      Claims 1, 2, 4-7, 11-13, 17-21, 24, 26-36, 40-45, 47, 48, 51-53, 57-61, 65-67, 99 and 100                       
                        under 35 U.S.C. §102 as unpatentable over the admitted prior art.                                               
                2)      Claims 1, 2, 6, 8, 10 and 17 under 35 U.S.C. §102 as unpatentable over Merrill.                                 
                3)      Claims 1, 2, 4-71, 99 and 100 under 35 U.S.C. §103 as unpatentable over the combined                            
                        teachings of the admitted prior art and Merrill.                                                                
                                                              OPINION                                                                   
                        We have carefully reviewed the claims, specification and prior art, including the                               
                arguments presented by both the examiner and the appellant in support of their respective                               
                positions.  This review has led us to conclude that the examiner’s Sections 102 and 103                                 
                rejections are not well founded.  Accordingly, we reverse the examiner’s Sections 102 and 103                           
                rejections for substantially the reasons expressed in the Brief and the Reply Brief.  We add the                        
                following primarily for emphasis.                                                                                       

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