Appeal No. 2005-1256
Application No. 09/988,593
being formed in contact with at least one of the plurality of element forming regions; and
a p-type body region provided in the SOI layer and capable of being externally fixed in
electric potential (Figure 8). The examiner asserts that the body region is in contact
with the semiconductor region, wherein the body link semiconductor structure region at
least partially has a first conductivity type impurity region not mixed with an impurity of a
second conductivity type different from the first conductivity type but doped by only an
impurity of the first conductivity type. The examiner further asserts that the first
conductivity type semiconductor region is formed in a region reaching the at least one
element forming region from the body function “not to function as an element’ if no
wiring is formed to the n-FET. (See pages 4-5 of the answer).
Appellants contend that Flaker fails to disclose, either explicitly or inherently, the
claim limitation:
said semiconductor region at least partially has a first conductivity type
impurity region not mixed with an impurity of a second conductivity type
different from said first conductivity type but doped by only an impurity
of said first conductivity type.
We have reviewed the evidence before us, including the arguments of appellants
and the examiner, and we conclude therefrom, that the examiner has failed to present a
prima facie case of anticipation. Accordingly, we will not sustain the rejection of
independent claim 1, or of claims 2-9, dependent thereon, under 35 U.S.C. §102 (a).
In his explanation of the rejection, at pages 3-4 of the answer, the examiner
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