Ex Parte Huang et al - Page 1

            The opinion in support of the decision being entered today was not        
            written for publication and is not binding precedent of the Board.        

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
            Ex parte KUEI-WU HUANG, TSIU C. CHAN, and GREGORY C. SMITH                
                                Appeal No. 2005-0773                                  
                             Application No. 09/517,987                               
                                    ON BRIEF                                          
          Before THOMAS, BARRY, and LEVY, Administrative Patent Judges.               
          THOMAS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               Appellants have appealed the examiner’s final rejection of             
          claims 77 through 96.                                                       
               Representative claim 77 is reproduced below:                           
               77.   An integrated circuit structure, comprising:                     
                    a substrate;                                                      
                    a field oxide over the substrate, the field oxide                 
               having an opening therethrough to a surface of the                     
                    a gate electrode over the surface of the substrate and            
               within the opening, the gate electrode having insulating               

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