Ex parte VASCHE - Page 9




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

                                   Although the structure of the dielectric layer                                                                       
                          created according to the present invention is clearly                                                                         
                          different from prior art thermal oxide layers, it is                                                                          
                   not possible in my opinion to describe it except in                                                                                  
                   terms of the process for making this structure.  As                                                                                  
                   stated in the specification, in addition to the above                                                                                
                          differences in defect density and stress between                                                                              
                          thermal and TEOS deposited oxides, the annealing of the                                                                       
                   TEOS layer seems to provide a more uniform molecular                                                                                 
                          bonding by permitting greater viscous flow in the TEOS                                                                        
                          deposited oxide thus reducing or eliminating defects in                                                                       
                   the resulting dielectric layer.  The result is, as                                                                                   
                          stated in the specification, a dielectric layer that                                                                          
                          enables an increase of at least one order of magnitude                                                                        
                                  in the total charge conducted through the dielectric                                                                 
                                  layer, while at the same time providing a dramatic                                                                   
                          improvement in processing yields.  The structure must                                                                         
                                  be different in order to obtain this effect, but it                                                                  
                   is                                                                                                                                   
                          not currently within the state of the art to describe                                                                         
                                  in physical terms how this structure is different                                                                    
                   from                                                                                                                                 
                          an oxide layer formed entirely by thermal oxidation.                                                                          
                 The foregoing advantages of TEOS deposited oxides versus                                                                               
                 thermally grown oxides can be found in the specification at                                                                            
                 page 6, line 12 through page 7, line 1.                                                                                                
                          As indicated supra, the advantages of appellant's claimed                                                                     
                 process step are set forth in the declarations as well as in                                                                           
                 the specification.   Such advantages are sufficient to2                                                                                                     
                 establish unobvious differences between the claimed product and                                                                        


                          2A patent application and a declaration are both under                                                                        
                 oath.                                                                                                                                  
                                                                           9                                                                            





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