Ex parte LEE - Page 6




          Appeal No. 1998-1102                                                        
          Application No. 08/761,883                                                  


               With respect to independent claim 15, the Examiner                     
          proposes to modify the semiconductor device structure of                    
          Cederbaum which describes a polysilicon resistor in contact                 
          with a glasseous material first insulating layer upon which a               
          second insulating layer is formed.  As recognized by the                    
          Examiner, the glasseous material insulating layer in Cederbaum              
          is not directly formed over the substrate, nor is it in                     
          contact with the polysilicon resistor, as required by appealed              
          claim 15.  To address this deficiency, the Examiner turns to                
          the semiconductor structure disclosed by Manning which, as                  
          asserted by the Examiner, describes differing embodiments in                
          which a glass material insulator either contacts or is                      
          isolated from the device substrate.  In the Examiner’s view                 
          (Answer, page 4):                                                           
                    It would have been obvious to a skilled artisan                   
                    to combine the teachings of Manning with that of                  
                    Cederbaum in [sic] especially since Manning teaches               
                    several embodiments where the BPSG may either                     
                    directly contact or not directly contact the                      
                    substrate.   This is viewed as within design                      
                    considerations of any skilled artisan.                            
               In response, Appellants assert that the Examiner has                   
          failed to establish a prima facie case of obviousness since no              
          motivation has been suggested for the Examiner’s proposed                   
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