Appeal No. 1996-1758 Application No. 08/358,050 electrode by a distance greater than said thickness t of said dielectric layer, wherein said dielectric layer comprises a first insulating layer formed in contact with said side wall of said gate electrode and has a film thickness equal to that of said gate electrode and a second insulating layer has a flat surface formed on the surface of this first insulating layer. The Examiner relies on the following references: Wu 5,266,507 Nov. 30, 1993 (filed May 18, 1992) Ishikura (Japanese Kokai) 2 58-153371 Sep. 12, 1983 Poleshuk (European) 0,102,802 Mar. 14, 1984 Claims 1, 3, 4, 10-14, 19, and 24-29 stand finally rejected under 35 U.S.C. § 103 as being unpatentable over the combined teachings of Poleshuk, Ishikura, and Wu. Rather than reiterate the arguments of Appellant and the Examiner, reference is made to the Briefs and Answer for the 3 respective details. 2A copy of the translation provided by the U. S. Patent and Trademark Office, March 1996, is included and relied upon for this decision. 3The Appeal Brief was filed December 27, 1995. In response to the Examiner’s Answer dated January 31, 1996, a Reply Brief was filed February 23, 1996 which was acknowledged and entered by the Examiner on March 6, 1996. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007