Ex parte WRISTERS et al. - Page 11




          Appeal No. 1999-1517                                                        
          Application No. 08/837,523                                                  




          extent during the diffusion to form the source and drain                    
          region . . ., but [as to the other specifics] there is nothing              
          in the claim that specifies to what extent the gate electrode               
          needs to be doped, only that it is doped to some extent.”                   
          (Emphasis in original.)  We agree with the examiner’s position              
          that, in Figure                                                             
          2b of the Byun reference, layer 24 is the doped diffusion                   
          layer and covers substrate 21 as well as gate electrode 23.                 
          In the next step, when the thermal process occurs, the                      
          diffusion of the doping material takes place as to substrate                
          21 and also with respect to gate electrode 23.  The resulting               
          structure shown in Figure 2C of Byun has source/drain at 25                 
          and an electrode 23 with dopant in it.  There is no indication              
          in the reference which shows that such a diffusion of the                   
          dopant will be prevented from occurring as to gate 23.                      
               As to the Ehinger reference, appellants argue (brief at                
          page 8) that “[n]o indication is given in the Ehinger                       
          reference, that a diffusion of doping ions occurs into the                  
          adjacent (base) terminal (251 in Fig. 4 and 55 in Fig. 7 of                 
          the Ehinger reference).”  However, we agree with the                        
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