Appeal No. 2002-0647
Application No. 09/122,094
disclosed relationships with each other. Therefore, there is no
reason to believe that the horizontal length of the head portion
is drawn to scale relative to the space dx. Without a definite
overlap between the head of the gate electrode and element 15 in
Uenishi, the examiner cannot establish the claimed relative
dimensions. Thus, the examiner fails to present a prima facie
case of obviousness, and we cannot sustain the rejection of the
claims.
CONCLUSION
The decision of the examiner rejecting claims 1 and 2 under
35 U.S.C. § 103 is reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
)
)) BOARD OF PATENT
ANITA PELLMAN GROSS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
STUART S. LEVY )
Administrative Patent Judge )
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