Ex Parte UENO et al - Page 8




          Appeal No. 2003-2107                                                        
          Application No. 09/429,283                                                  


          high amounts of nitrogen for both the PMOSFET and the NMOSFET.              
          Accordingly, Kuroi does not teach or suggest that the amounts of            
          nitrogen should be different for the two MOSFETs.  Further, Kuroi           
          does not disclose any other impurities for both transistors.                
               As indicated supra, the examiner includes no explanation as            
          to the relevance of Sze.  Further, we find nothing in Sze                   
          regarding concentrations of nitrogen (or other impurities) in               
          PMOSFETs and NMOSFETs.  Therefore, none of the references teaches           
          or suggests implanting nitrogen (or another impurity) in both a             
          PMOSFET and also an NMOSFET, but with different concentrations.             
          Consequently, the examiner has failed to establish a prima facie            
          case of obviousness, and we cannot sustain the rejection of                 
          claims 14 through 27.                                                       
                                     CONCLUSION                                       














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