Ex parte INOUE et al. - Page 8




          Appeal No. 1998-0970                                                        
          Application 07/995,325                                                      

          oxide layer by a low temperature process (Br7).  It is argued               
          that Allman is concerned with preparing a substrate surface                 
          for deposition of a silicon nitride layer, whose purpose is to              
          mask active regions during the growth of silicon dioxide                    
          dielectric to separate the active regions, not to serve as a                
          source of an impurity component (Br8).  Thus, the purpose of                
          Allman is said to be so totally different that one skilled in               
          the art would have found no suggestion in Allman to modify the              
          steps in Tsunashima (Br8).  It is argued that the references                
          do not relate to efforts to solve a common problem, and                     
          therefore the selection of a step from one reference and the                
          conclusion that it could be employed in the method of another               
          reference is based on hindsight (Br10).                                     
               The Examiner states it is not necessary for Allman to                  
          disclose removing the native oxide for the same purpose as                  
          Applicants (EA4).  Otherwise, the Examiner does not respond to              
          Appellants' arguments.                                                      
               In our opinion, it would have been obvious to one of                   
          ordinary skill in the art to use other known native oxide                   
          removal processes in the art, such as those disclosed in                    
          either Nickl or Allman, in place of the disclosed removal                   

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