Appeal No. 1997-2041
Application No. 08/337,131
formation of the source/drain regions and the floating gate.
However, we will not attempt to speculate as to whether
Hosokawa `872 teaches forming the floating gate before or after
the source/drain. We simply recognize that neither Hosokawa
`872 nor Hosokawa `874 provides adequate disclosures to
conclude in what order the floating gate and source/drain
regions are formed on the substrate.
The declarant/appellant states in paragraph 10 of the
declaration that:
“I am not aware of any single cell device,
such as that depicted in Hosokawa, which does
not employ a self-aligned process. Non-self-
aligned processes are not manufacturable for
single cell devices using current
semiconductor technology because of alignment
problems....” (emphasis added).
The examiner fails to present any arguments to refute the
declarant’s position that non-self-aligned processes are not
manufacturable for single cell devices using current
semiconductor technology. Accordingly, absent evidence to the
contrary, we are persuaded by the declarant’s/appellant’s
statement in paragraph 10 of the declaration. We have
considered the evidence of obviousness and have weighed such
evidence of obviousness against the evidence of nonobviousness.
16
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007