Ex Parte ELBEL et al - Page 8



          Appeal No. 2001-1559                                                        
          Application No. 09/237,174                                                  

          motivation exists for combining Sasaki with Kameyama or Bohr and            
          Bertagnolli, there is no indication that the resultant                      
          combination would arrive at the specific features recited in the            
          rejected claims.                                                            
               In view of our analysis above, we find that the Examiner has           
          failed to set forth a prima facie case of obviousness with                  
          respect to claim 1 because the necessary teachings and                      
          suggestions to arrive at the claimed ozone-activated CVD process            
          and the ratio of the deep trench width to the shallow trench                
          height are not shown.  Accordingly, we do not sustain the                   
          35 U.S.C. § 103 rejection of independent claim 1, nor of claims             
          3, 5-12 and 15 dependent thereon.                                           













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