Ex Parte Huang et al - Page 5



          Appeal No. 2005-0773                                                        
          Application No. 09/517,987                                                  

          epitaxial regions 50 are merely conductive connections to the               
          source regions and drain regions 24 and 26 from the refractory              
          metal silicide contact region 54 in figures 5 and 10.                       
               The examiner’s responsive arguments at pages 5 and 6 of the            
          answer take the view that Hsu teaches the same structure as                 
          appellants have disclosed, citing figure 5a and region 40 shown             
          in appellants’ specification drawings.  The examiner’s view                 
          concludes that because the epitaxial regions 50 of Hsu and the              
          source/drain regions 24 and 26 in the substrate are in electrical           
          contact with each other, they must necessarily function together            
          as source and drain regions.                                                
               In affirming the rejection of the claims on appeal, we do              
          not agree with any of arguments presented by appellants in the              
          brief and reply brief because the summary of the invention, taken           
          as a whole, clearly indicates the position of the examiner is               
          correct.  For example, topic (b) at column 1, lines 53 through 54           
          states:                                                                     
               (b) forming the source and drain regions adjacent the side             
               walls of the gate so that the regions extend downwardly                
          from the surface to a depth of less than 100 nm.                            
          Appellants’ consideration of the specific teachings at columns              
          2 and 3 of Hsu presents an incomplete consideration of the                  
          teachings of this reference.                                                
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