Appeal No. 2001-0113
Application No. 08/604,751
The Examiner rejects claim 13 under 35 U.S.C. § 103 as being
obvious in view of Juengling. In particular, the Examiner relies
on Juengling's memory cell structure depicted in Figure 10 which
includes a first plug of a first conductivity type (56), a second
plug of a second conductivity type (104), and an insulative
spacer (46 and 64) interposed between. The Examiner further
relies on column 2, lines 25-30 of Juengling, which states that
the minimum photolithographic limit is 3000 angstroms. The
Examiner asserts that it would have been obvious to one of
ordinary skill in the art that the memory cell structure of
Figure 10 would repeat to the side of Fig. 10 in order to
fabricate a memory device. The repeated memory cell structure
would include a second first conductivity type plug (56) and
thereby anticipates the Appellants' claimed language. See
Examiner's Answer, Paper No. 22, page 6, lines 11-16. The
Examiner does not address how the repeated memory cell structure
of Figure 10 anticipates forming plugs (56) at a distance no
greater than the minimum photolithographic limit.
In response to the Examiner's rejection, the Appellants
argue that even if it would have been obvious to repeat the
memory cell structure of Figure 10, the repeated memory cell
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