Ex Parte DEBOER et al - Page 2




          Appeal No. 2001-2540                                                        
          Application No. 09/240,395                                                  


               Representative independent claim 1 is reproduced as follows:           
               1.        An integrated circuit comprising:                            
               a substrate;                                                           
               a gate dielectric disposed over the substrate;                         
          and                                                                         
               a gate stack disposed on the gate dielectric, the gate stack           
          including;                                                                  
               a layer comprising silicon;                                            
               a transition metal boride layer disposed on the layer                  
          comprising silicon; and                                                     
               a conducitve layer disposed on the transition metal boride             
          layer.                                                                      
               The examiner relies on the following references:                       
               Lur et al. [Lur]  5,364,803                Nov. 15, 1994               
               Thomas            5,414,301                May  09, 1995               

               Claims 1-21 stand rejected under 35 U.S.C. 103 as                      
          unpatentable over Lur in view of Thomas.                                    
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               The examiner relies on Figure 2 of Lur for the teaching of             
          an integrated circuit comprising a substrate 10, a gate                     
          dielectric 12 disposed over the substrate and a gate stack                  
          disposed on the gate dielectric 12, wherein the gate stack                  

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