Ex Parte Butaye et al - Page 7


        Appeal No. 2006-3351                                            
        Application No. 10/011,882                                      
        Appellants argue that in Johansson “a first set of              
        identical trenches is formed; and that a second set of          
        identical trenches is formed, with the first and second         
        sets of trenches are perpendicular” (Reply Brief, pages         
        5 to 7).                                                        
                Thus the reference discloses that the trenches          
            of the first set are identical to one another and           
            that the trenches of the second set of trenches are         
            identical to one another.  However, the reference           
            is silent on whether the trenches of the first set          
            of trenches are identical to the trenches of the            
            second set of trenches; and most notably the                
            reference is silent on the relative depth of the            
            respective trenches of the first and second sets of         
            trenches.                                                   
        Thus, Appellants assert, the reference does not                 
        disclose “the featured plurality of series of isolation         
        transverses [that] have a depth that is close to that           
        of the isolation trenches” (Appellants’ Brief, Page 8,          
        bottom).                                                        





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