Ex parte VASCHE - Page 7




          Appeal No. 96-1207                                                          
          Application No. 08/064,203                                                  

               layer is both an insulator suitable for floating gate                  
               memory devices as well as an improved tunneling layer.                 
               Neither of these properties have been previously taught                
               in any prior art I am aware of.                                        
          The noted enhancement of electron tunneling is described in                 
          the specification at page 4, lines 29 through 35.                           
               In paragraph 6 of the Exhibit C declaration, declarant                 
          states that:                                                                
               Mr. Vasche's work at Xicor significantly advanced the                  
               state of the art in the field of non-volatile memories.                
               He found that low temperature deposited dielectrics,                   
               properly annealed, are better than thermal oxides for                  
               tunneling.  For example, as stated in the                              
               specification, beginning at the bottom of page 6, the                  
               inventor discovered that TEOS tunneling oxides formed                  
               in the manner claimed in this case increase the total                  
               charge which can be conducted through a dielectric                     
               layer by at least an order of magnitude while at the                   
               same time providing a dramatic improvement in                          
               processing yields.                                                     
               Paragraphs 8 and 9 of the Exhibit C declaration are as                 
          follows:                                                                    
                    The structure of the tunneling oxide layer                        
               according to the present invention is significantly                    
               different from prior art tunneling oxide layers since                  
               the inventive layer is substantially free of stress and                
               defects. See page 4 line 23 to page 5, line 4 of the                   
               specification.                                                         
               More specifically, first with regard to defects,                       
               when the claimed TEOS deposited oxide layer is being                   
               deposited, it does not consume the underlying layer, as                
               is well known in the art.  Thermal oxide, however, as                  
               is also well known, does consume the underlying layer,                 
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