Ex Parte Brady et al - Page 15




          Appeal No. 2003-1208                                                        
          Application 09/590,805                                                      


               The examiner argues (answer, page 9):                                  
               Tursky et al. teach forming a first device with a field                
               oxide that has been implanted with a material that                     
               traps positive charge when the first device is exposed                 
               to ionizing radiation and the second device has not                    
               been implanted with the material (column 9, lines 31-                  
               51).  It would have been obvious to a person of                        
               ordinary skill in the art at the time the invention was                
               made to form a first device with a field oxide that has                
               been implanted with a material that traps positive                     
               charge in prior art’s device, in order to obtain a soft                
               diode with a well known alternative method.                            
                                                                                     
          The portion of Tursky relied upon by the examiner teaches that              
          the diode soft recovery behavior can be obtained by irradiation             
          with protons.  This portion does not, however, say anything about           
          field oxide or ionizing radiation.  Nor does it disclose that the           
          protons trap positive charge, and the examiner has not provided             
          evidence or technical reasoning which shows that the protons trap           
          positive charge.  Also, the examiner has not established that               
          this portion of Tursky would have indicated, to one of ordinary             
          skill in the art, a correlation between soft recovery behavior of           
          a diode and resistance of a transistor to ionizing radiation.               
          Moreover, even if Tursky’s protons trap positive charge, the                
          examiner has not explained why one of ordinary skill in the art             
          would have been led by the applied prior art to substitute those            
          protons for Kalnitsky’s silicon ions that trap negative charge              
          rather than positive charge (col. 2, line 67 - col. 3, line 3).             

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