Appeal No. 1997-2041
Application No. 08/337,131
agree that Hosokawa `872 teaches a non-volatile memory element
comprised of a single-cell device. Based on this resolution,
the appellant indicates (Brief, page 4) that alignment
constraints of single-cell devices suggest the use of self-
alignment technology. The appellant points out that self-
alignment technology forms the floating gate prior to formation
of the source/drain regions. (Brief, pages 4, 5 and 7). In
support thereof, the declarant, in this case the inventor,
proclaims (paragraph 8) that the Hosokawa `872 floating gate is
defined first and afterwards the source/drain regions are
formed. While we respect the appellant’s opinion with respect
to the formation of the Hosokawa `872 floating gate, we note
that there is no objective evidence offered by the appellant
that is supportive of such an opinion. Therefore, we do not
find this opinion to be of substantial evidentiary value.
At several points in the Brief and in paragraph 9 of the
declaration, the appellant/declarant states that the figure
provided as part of the disclosure of Hosokawa `872, in which
the floating gate is shown centered between the center points
of the two diffusion regions, indicates that the method of
formation is most likely a self-alignment process. The
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