Ex parte VASCHE - Page 6




          Appeal No. 96-1207                                                          
          Application No. 08/064,203                                                  

          of the disclosure that states that "[t]he process of the                    
          present invention has been found to increase the total charge               
          conducted through the dielectric layer by at least one order                
          of magnitude before catastrophic breakdown, while at the same               
          time providing a dramatic improvement in processing yields"                 
          (specification, pages 6 and 7).  In paragraph 20 of this same               
          declaration, declarant states that:                                         
                    I consider the annealing process developed by                     
               Vasche as being a very important aspect of his                         
               invention.  As is explained in the specification at                    
               page 6, the unique annealing process results in a TEOS                 
               oxide layer with substantially improved dielecric                      
               properties, better leakage properties and better                       
               breakdown properties than what was known in the prior                  
               art.  The improvements that were realized in respect to                
               these properties by performing a new annealing process                 
               were completely different from what was known in the                   
               prior [art].  In my opinion, these results were truly                  
               surprising.                                                            
               Paragraph 6 in the Exhibit B declaration states that:                  
               [T]he devices claimed in the present invention all                     
               use                                                                    
               the CVD deposited layer as a tunneling layer (i.e., a                  
               layer through which tunneling electrons flow to program                
               or erase the floating gate), not simply as a[n]                        
               insulating layer.  As I pointed out in my prior                        
               Declaration, such a tunneling layer must have both good                
               insulating properties and good tunneling properties to                 
               be useful in a floating gate memory device.  The                       
               present patent application teaches the surprising                      
               result that a properly deposited and annealed TEOS                     


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