Ex parte ONG - Page 9




          Appeal No. 1997-2041                                                        
          Application No. 08/337,131                                                  

              The examiner relies on the disclosure of Chen to meet the               
         limitation of a semiconductor substrate including a                          
         monocrystalline silicon layer.  We note that the appellant did               
         not submit arguments in response to the examiner’s reliance on               
         Chen’s teaching of a monocrystalline silicon layer for the                   
         semiconductor substrate.  Instead, as recognized by both the                 
         examiner (Answer, page 6) and the appellant (Brief, page 5),                 
         this appeal turns on whether or not the prior art relied upon                
         by the examiner discloses the step of:                                       
                         “... at least a portion of the                               
                         floating gate members is formed                              
                         subsequent to the formation of                               
                         the plurality of source areas and                            
                         the plurality of drain areas,                                
                         wherein the portion of the                                   
                         floating gate members formed                                 
                         subsequent to the formation of                               
                         the plurality of source areas and                            
                         the plurality of drain areas                                 
                         overlaps a portion of the source                             
                         areas and a portion of the drain                             
                         areas...”                                                    
              The examiner relies heavily on Hosokawa `872 and its                    
         teaching that “...the substantial overlap margin (W ) is                     
                                                             1                        
         required on the drain region side (3) during the formation                   
         process....”(Answer, page 7) (emphasis added).  From this, the               


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