Ex parte HUANG - Page 5




          Appeal No. 96-2940                                                          
          Application 08/259,073                                                      

          Therefore, only the argued differences (1) and (2) are                      
          relevant.                                                                   
               Hsue does exactly what Appellant does in terms of a                    
          process using sidewalls to form closely spaced bit lines and                
          word lines.  Hsue notes (col. 1, lines 18-21):  "Researches in              
          the integrated circuit field generally have used the sidewall               
          technology to form smaller spaces than normally available                   
          through lithography for various purposes."  Appellant's                     
          claims 1-25 are directed to a process wherein different                     
          materials are used for the layer between sidewall spacers,                  
          difference (1), and for the sidewall spacers, difference (2);               
          that is, claim 18 would be anticipated by Hsue if the terms                 
          "polysilicon" and "glass" were not present.  One of ordinary                
          skill in the semiconductor art doubtless would have                         
          appreciated that different materials and process steps could                
          be used to form the layer between sidewalls and the sidewalls.              
          The issue here is whether the Examiner has established that a               
          person of ordinary skill in the art would have been led to                  
          substitute the claimed materials from Jun.                                  
               The Examiner relies on Jun for differences (1) and (2).                
          Jun discloses depositing a layer of polysilicon 3 in a                      

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