Ex Parte Wang et al - Page 5

                  Appeal 2007-2510                                                                                         
                  Application 10/389,456                                                                                   
             1           Independent claims 21 and 28 are similar, but they recite more details                            
             2    of the process.                                                                                          
             3           In most relevant part, claim 21 recites "providing a metal or                                     
             4    semiconductor layer within the trenches and in contact with the substrate in                             
             5    a low temperature process below approximately 600°C; and forming oxide                                   
             6    liners in contact with the substrate using the semiconductor or metal layers                             
             7    in the trenches of the substrate."  Claim 21 also includes the further                                   
             8    limitation: "whereby the low temperature process is intended to prevent                                  
             9    germanium outgassing."                                                                                   
           10            In most relevant part, claim 28 recites "providing a conformal                                    
           11     semiconductor layer in the trenches and in contact with the semiconductor                                
           12     layer at a temperature of less than approximately 600°C; and converting the                              
           13     conformal semiconductor layer into an oxide liner in the trenches, the oxide                             
           14     liner in contact with the semiconductor layer."                                                          
           15     B. Findings of Fact                                                                                      
           16            The following findings of fact and any set out in the Discussion are                              
           17     supported by a preponderance of the evidence of record.  To the extent a                                 
           18     finding of fact is really a conclusion of law, it should be treated as such.                             
           19     1. On appeal, the Examiner has maintained the following grounds of                                       
           20     rejection:                                                                                               
           21            a. Claims 21–28 and 33–39 are rejected under 35 U.S.C. § 103(a)                                   
           22     as being unpatentable over the combined teachings of Economikos3, Van                                    

                                                                                                                          
                  3 U.S. Patent 6,136,664, issued to Laertis Economikos et al., 24 October                                 
                  2000.                                                                                                    
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