Ex parte ONG - Page 10




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

         examiner reasons that as a result of forming the floating gate,              
         the overlap on the drain region is consequently formed.                      
              In rebuttal, the appellant indicates (Brief, page 5) that               
         Hosokawa `872 fails to explicitly state the order of formation               
         of the source, drain and floating gate.  The appellant further               
         submits that the statement pointed to by the examiner is                     
         irrelevant to the order of formation of the floating gate                    
         relative to the formation of the source and drain regions.  We               
         find ourselves in general agreement with the appellant.  We                  
         fail to find any specific language, nor any intimation                       
         whatsoever in the disclosure of Hosokawa `872 that reveals the               
         order in which the floating gate, the source and the drain are               
         formed on the semiconductor substrate.  The fact that Hosokawa               
         `872 states that the floating gate region will be stretched                  
         across the source region and the drain region and that a                     
         substantial overlap margin (W ) is required on the drain region              
                                      1                                               
         side (3) during the formation process does not, in itself, shed              
         any light on the order in which the source, the drain and the                
         floating gate are formed on the substrate.  Although Hosokawa                
         `872 teaches on page 5, lines 2-6, that the source and drain                 
         regions are formed by conventionally-known techniques, the                   
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