Appeal No. 2005-0773
Application No. 09/517,987
Rather than repeat the positions of the appellants and the
examiner, reference is made to the brief and reply brief for
appellants’ positions and to the answer for the examiner’s
positions.
OPINION
As expanded upon here by us, we sustain the rejections of
the noted claims under 35 U.S.C. § 102 and 35 U.S.C. § 103.
Appellants present arguments as to independent claims 77,
93 and 96 as well as dependent claims 87 and 90 in the context of
the first stated rejection under 35 U.S.C. § 102 over Hsu. No
arguments are presented in the brief and reply brief as to any
remaining rejection of the claims on appeal under 35 U.S.C.
§ 103.
At the outset, we note that independent claim 77, in
pertinent part, recites a first portion of a source and drain
region in the substrate as well as a second portion on the
substrate that is further recited to be over the first portion as
well as adjacent to the insulating material on the sides of the
gate electrode. Claim 77 concludes with the wherein clause
stating “the first and second portions together function as a
source or drain for a device including the gate electrode.”
Substantially identical structural elements are set forth in
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