Appeal No. 2001-0555
Application No. 09/026,093
regions do not show an abrupt region between the vertical walls
and the source and drain region, the resulting abruptness of the
region between the vertical wall and the source or the drain
must be the same as claimed by Appellants, since the process of
manufacture disclosed in Liu is the same as the process described
in the specification of Appellants (figures 3A-3L).
Appellants strongly argue (brief at pages 3-6) that the
process disclosed by Appellants is different from the process
disclosed by Liu, and the Examiner’s position that the Liu’s
process results in the claimed structure is without any
justification.
We are of the view that just because Liu’s process of
manufacturing a MOSFET comprises the same basic process steps
such as selective etching and the depositing of a mask etc., that
does not constitute that the two processes are identical.
Therefore, the Examiner has not met the burden of showing that
the two processes are indeed identical and will result in the
same final structure.
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