Appeal No. 1997-1624
Application No. 08/384,816
to include an isolation structure that extends through the
entire substrate. Since appellant provides no further
arguments with respect to claims 19 and 25, we will affirm the
rejection thereof.
Appellant further argues (Reply Brief, page 4) that
Tamagawa's noncontinuous layer 62 is not an oxide film because
it does not meet all of the claimed structural requirements
for the layer. This is a non sequitur. The material and the
structure are independent limitations. Tamagawa discloses
that layer 62 is an oxide film regardless of whether the layer
meets other claimed limitations. The structural limitations
allegedly lacking apparently are that Tamagawa does not have
an insulating layer extending from the top surface of the
semiconductor substrate to the noncontinuous isolation layer
where the latter extends into the drain. However, we have
found above that layer 62 does extend into the drain.
Further, insulating element 64 extends form the top surface of
the semiconductor substrate to the noncontinuous layer 62.
Therefore, layer 62 meets the structural limitations and is an
oxide. Accordingly, we will affirm the rejection of claim 20.
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