Ex parte YOSHIDA et al. - Page 13

          Appeal No. 95-1555                                                          
          Application 07/871,530                                                      

          increased dopant p layer in the Tsuchiya’s trench capacitor type            
          dynamic random access memory.   Furthemore, those skilled in the            
          art would have had reason to make the modification for reducing             
          leakage current and trench capacitance leakage as well as to                
          control latch up.  Therefore, we find that it would have been               
          obvious to one skilled in the art to modify Tsuchiya by providing           
          the Anderson increased dopant in relation to the substrate as               
          recited in claims 10, 11, 14 and 15.                                        
               Turning to the Examiner’s rejection of Appellants’ claim 12,           
          Appellants argue on page 9 of the brief that neither Tsuchiya nor           
          Anderson teach or suggest “the depth of said layer of                       
          semiconductor material of said first conductivity type as defined           
          by its boundary with said substrate of said first conductivity              
          type is located at substantially the middle depth position of the           
          vertical trench” as recited in claim 12.  The Examiner has not              
          responded to this argument.  After a careful review of Anderson             
          and Tsuchiya, we find that these references fail to teach or                
          suggest this limitation and thereby we will not sustain the                 
          Examiner’s rejection of claim 12 as well as claim 13 which                  
          depends from claim 12.                                                      


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