Ex parte LIU et al. - Page 3



          Appeal No. 97-1387                                                          
          Application No. 08/251,011                                                  

          Hayashi             2-200603            Jan. 23, 1990                       
          Malhi et al. (Malhi), “Novel SOI CMOS Design Using Ultra Thin               
          Near Intrinsic Substrate,” IEDM 82, pp. 107-10, 1982.                       
          Whitlow et al. (Whitlow), “Mass-dispersive recoil spectrometry              
          studies of oxygen and nitrogen redistribution in ion-beam-                  
          synthesized buried oxynitride layers in silicon,” App. Phys.                
          Lett., vol. 52, no. 22, pp. 1871-73, 1988.                                  
               Claims 1 through 4 stand rejected under 35 U.S.C. ' 103.               
          As evidence of obviousness, the examiner cites Hayashi in view              
          of Malhi with regard to claims 1, 2 and 4, adding Whitlow to                
          this combination with regard to claim 3.                                    
               Reference is made to the brief and answer for the                      
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               With regard to independent claim 1, the examiner takes                 
          the position that Hayashi, in Figure 5, discloses all that is               
          claimed [see page 4 of the answer] but for a showing of                     
          forming the insulating substrate 102 formed on a p-type                     
          silicon supporting substrate.  The examiner reasons that since              
          Malhi shows a complementary type thin film FET, as does                     
          Hayashi, but shows the transistor formed on an insulating                   
          substrate which is then formed on a p-type Si substrate                     
                                                                                      
          3   Our understanding of Hayashi is based on an English                     
          translation thereof prepared by the United States Patent and                



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