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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