Ex Parte Fang et al - Page 4

                Appeal 2007-2105                                                                              
                Application 10/762,445                                                                        

                lowering.  Appellants contend that Hori not only increases the electric field                 
                adjacent to the drain, which teaches away from reducing the DIBL problem,                     
                but also fails to show a Vss connection region under the source region (Br.                   
                8).  The Examiner contends that the bit line or the Vss connection region in                  
                Hori is “under the bottom of the recess (14) and under the source 7b”                         
                (Answer 9).  The Examiner further asserts that since the Vss region is fully                  
                recessed in relation to the source region, it will reduce the DIBL (Answer                    
                10).                                                                                          
                      The issue, therefore, is whether the Examiner erred in rejecting the                    
                claims under 35 U.S.C. §§ 102(e) and 103(a).  The issue specifically turns                    
                on whether Hori anticipates Appellants’ claimed invention by disclosing a                     
                Vss connection region situated under the bottom of the recess and under the                   
                source of a floating gate memory cell.                                                        

                                           FINDINGS OF FACT                                                   
                      The following findings of fact (FF) are relevant to the issue involved                  
                in the appeal and are believed to be supported by a preponderance of the                      
                evidence.                                                                                     
                      1.     Hori relates to nonvolatile semiconductor memory devices                         
                (Abstract) wherein a stacked floating gate is positioned over a stepped                       
                channel region (col. 9, ll. 5-17).                                                            
                      2.     As depicted in Figure 1A, source region 7 includes a high-                       
                concentration impurity layer 7a and a low-concentration impurity layer 7b                     
                (col. 9, ll. 64-66).                                                                          
                      3.     The low-concentration impurity layer 7b is provided between                      
                the high-concentration impurity layer 7a and the channel region 9 and faces                   

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