Ex parte TSUKAMOTO - Page 3




                Appeal No. 96-1549                                                                                                            
                Application 08/296,988                                                                                                        


                         wherein said continuous buried layer has a first peak                                                                
                position of impurity concentration beneath said field oxide                                                                   
                isolation film and a second peak position of impurity                                                                         
                concentration beneath said gate and said first region of said                                                                 
                pair of regions, a first depth from said main surface to said                                                                 
                first peak position being less than a second depth from said main                                                             
                surface to said second peak position, and                                                                                     
                         said continuous buried layer has a lower surface arranged so                                                         
                that the entire lower surface is in contact with said substrate                                                               
                material.                                                                                                                     

                         The only reference relied on by the examiner in the Answer                                                           
                is:                                                                                                                           
                Wordeman et al. (Wordeman), A Buried N-Grid for Protection                                                                    
                Against Radiation Induced Charge Collection in Electronic                                                                     
                Circuits, IEDM Tech. Dig., pp. 40-43, 1981.                                                                                   

                         Although the final Office action (at 3) additionally                                                                 
                mentions Bakeman, Jr., et al. U.S. Patent 4,506,436 (Bakeman) in                                                              
                response to Appellant's arguments, the Answer specifically states                                                             
                (at 5) that Bakeman is not used in the rejection.   Accordingly,                  3                                           
                Bakeman has not been considered.                                                                                              
                         Claim 10 stands rejected for obviousness over the DRAM cell                                                          
                structure shown in Figure 6 of Wordeman, which includes, inter                                                                
                alia, a buried grid of n-type material (labeled "BURIED n-LAYER")                                                             
                and a buried continuous layer of p-type material (labeled "BURIED                                                             

                         3Bakeman was relied on in the previous appeal, in which                                                              
                the Board affirmed a rejection of claim 9 for obviousness over                                                                
                Wordeman in view of Bakeman.                                                                                                  
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