Ex parte HSU et al. - Page 5




          Appeal No. 1997-3162                                                         
          Application 08/540,961                                                       

          LOCOS isolation region.  We understand the Examiner's position               
          that Kikuchi's gate structure is exactly the same as                         
          Appellants' gate structure.  The issues are:  (1) whether it                 
          would have been obvious to use this gate structure with a                    
          surrounding shallow trench isolation instead of LOCOS                        
          isolation; and, if so, (2) whether it would have been obvious                
          to select the lengths "such that a threshold voltage, V , at                 
                                                                  t                    
          said shallow trench edges is substantially equal to V  between               
                                                                t                      
          said shallow trench edges," as claimed.                                      
               The Examiner's sole motivation for modifying Kikuchi to                 
          use trench isolation is the finding that Shimizu teaches that                
          trench isolation is better than LOCOS (EA3).  Appellants argue               
          that Shimizu discloses that while trench isolation solves                    
          certain difficulties associated with the conventional LOCOS                  
          isolation method, it explains that trench isolation has                      
          problems with edge sidewall leakage, among other things, and                 
          therefore ultimately indicates that trench isolation is                      
          inferior to LOCOS (Br8).  As Appellants note (Br8-9), Shimizu                
          implements the invention with non-trench isolation.                          
               The relative weight of the advantages versus                            
          disadvantages of trench isolation, i.e., whether trench                      

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