Ex Parte DEBOER et al - Page 5




          Appeal No. 2002-1167                                                         
          Application No. 09/089,445                                                   


          - col. 5, line 5).  “The RTN step causes an increase in the                  
          strength of the rugged polysilicon of first conductive layer 20,             
          preventing grains of polysilicon from breaking apart during further          
          processing and causing a short or double bit failure” (col. 5,               
          lines 6-9).                                                                  
               Zahurak’s disclosure of the benefit of RTN would have fairly            
          suggested, to one of ordinary skill in the art, RTN of the HSG               
          polysilicon first conductive layers of Cho and Wu to provide this            
          benefit, i.e., increased strength of the rugged polysilicon of the           
          first conductive layer which prevents grains of polysilicon from             
          breaking apart during further processing and causing a short or              
          double bit failure.  As indicated by figure 2F of Cho and figure 8           
          of Wu, the RTN dielectric layer would be within the inner side of            
          the double sided electrode.                                                  
               The appellants argue that Zahurak strengthens his HSG                   
          polysilicon layer by RTN to prevent grain detachment from a                  
          substrate, whereas the HSG polysilicon layers of Cho and Wu are              
          attached to an electrode rather than being attached to a substrate           
          (brief, pages 7 and 9; reply brief, pages 2-4).                              
               Zahurak teaches that “[i]n the context of this document, the            
          term ‘semiconductor substrate’ is defined to mean any construction           
          comprising semiconductive material, including but not limited to             
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