Ex Parte M Huang et al - Page 5




              Appeal No. 2006-2525                                                                                     
              Application No. 10/178,672                                                                               

              typical in CMOS chips.  The “active components” described by Leipold are CMOS                            
              devices.  The teachings of placement of the buried layer relate only to active CMOS                      
              components, in the examiner’s view.  (Answer at 6-7.)                                                    
                     Appellants reiterate, in turn, the contention that Leipold teaches forming a buried               
              layer under all active devices, whether CMOS or any other type.  As for the teaching in                  
              Leipold that the buried layer prevents latch-up in CMOS devices, appellants posit that                   
              the prevention of latch-up is just one advantage of the buried layer if the active devices               
              are CMOS devices, which is just one embodiment.  Appellants refer again to column 2,                     
              lines 20 through 21 in support of the view that Leipold’s teachings relating to the buried               
              layer are not limited to CMOS devices.  (Reply Brief at 2.)                                              
                     Leipold’s patent is entitled, “Integrated CMOS Circuit For Use At High                            
              Frequencies.”  All the claims (1-7) specify an integrated CMOS circuit and active CMOS                   
              components.  The first sentence of the patent states that “[t]he invention relates to an                 
              integrated CMOS circuit for use at high frequencies with active CMOS components and                      
              passive components.”                                                                                     
                     The text at column 1, lines 46 through 54 of Leipold appears, in our view, to                     
              relate that the buried layer created under active CMOS components prevents                               
              undesirable latch-up effects.  Appellants seem to agree that latch-up effects are peculiar               
              to CMOS circuits.  (See, e.g., spec. at 2, 2nd ¶.)  The text at column 2, lines 20 through               
              25 of Leipold, when read in context, seems to refer to CMOS components, or active                        
              CMOS components, rather than all active components.  For example, Schottky diodes                        
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