Ex Parte Fukuda - Page 6




          Appeal No. 2003-1690                                                        
          Application 09/635,061                                                      


               The examiner argues that “[i]t would have been obvious to              
          one of ordinary skill in the art at the time of the present                 
          invention to use the 2nd gate dielectric layer of Ipri to cover             
          the 1st dielectric layer patterned into an island shape in the              
          process of Makita in order to form a thin-film transistor with              
          improved dielectric strength as is stated by Ipri in column 3,              
          lines 53-55)” (answer, page 5).                                             
               The improved dielectric strength in Ipri’s prior art                   
          embodiment relied upon by the examiner is an improvement over the           
          low dielectric strength of a layer formed by thermal oxidation.             
          The improvement is obtained by depositing a silicon nitride layer           
          over the thermal oxidation layer.  Makita’s device does not have            
          an oxide layer formed by thermal oxidation and, therefore, does             
          not have the low dielectric strength problem which Ipri’s prior             
          art relied upon by the examiner overcomes.  Makita’s device has             
          only one gate dielectric layer, but it is a deposited layer like            
          the silicon nitride layer Ipri forms to increase the dielectric             
          strength.                                                                   
               The examiner argues as though Ipri would have indicated to             
          one of ordinary skill in the art that two deposited gate                    
          dielectric layers are better than one.  The examiner, however,              


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