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 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007