Ex parte KAZUMI KURIMOTO et al. - Page 6




          Appeal No. 95-4641                                                          
          Application No. 08/023,122                                                  


          gate electrode has a sidewall which reaches a position above the n-         
          type region in Figure 1(c).  Finally, the examiner concludes [answer,       
          page 6] that since both Tsukura and Chen                                    
                    teach a high dielectric constant sidewall                         
                    material formed adjacent to the gate                              
                    electrode, it would have been obvious...to                        
                    have the N-type region of Chen...in Tsukura                       
                    because it prevents occurrence of hot-                            
                    electron deterioration in MOS device.                             

                    We do not view the examiner's combination of Tsukura and          
          Chen as being proper under 35 U.S.C.  103.  Tsukura teaches no             
          overlap of the gate electrode 12 with the diffusion region 15.  Chen        
          does show such an overlap in Figure 1(c).  What is then needed for a        
          proper rejection under 35 U.S.C.  103 is a reason for combining            
          these disparate teachings.  With references, throughout the                 
          translation of Tsukura, of forming the source-drain region "by self-        
          alignment" and that the source and drain regions "do not intrude as         
          far as the channel region portion directly under the gate electrode,"       
          it is clear that Tsukura intends to specifically prevent the claimed        
          overlap.  On the other hand, the overlap is essential in Chen in            
          order to provide immunity to hot electrons.  Therefore, we agree with       
          appellants that the teachings of these references are "mutually             
          exclusive" [principal brief, page 5] and that                               
                    Because the express object of the Tsukura                         
                    invention is to overcome disadvantages in                         
                                            6                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007