Ex parte SHELL et al. - Page 10




               Appeal No.  1997-3916                                                                                               
               Application No.  08/429,650                                                                                         


               Accordingly, we would have to speculate in order to arrive at a conclusion that Kubo teaches or suggests            

               making the buried anti-punchthrough implant channel narrower than the gate electrode, which on balance,             

               the evidence of record does not support.  As Chen does not overcome the deficiencies of Kubo, the                   

               rejection of claim 25 under 354 U.S.C. § 103 is reversed.                                                           

                       As claims 27-30 depend from claim 25, the rejection of claims 27-30 as unpatentable over Kubo               

               in view of Chen is reversed.                                                                                        

                       As claim 26 depends from claim 25 and Sanchez does not overcome the deficiencies of Kubo and                

               Chen, the rejection of claim 26 under 35 35 U.S.C. §103 as unpatentable over Kubo in view of Chen and               

               further in view of Sanchez is reversed.                                                                             

                       Turning now to the rejection of claim 25 under 35 U.S.C. §103 as unpatentable over Miyamoto in              

               view of Makino, the point of contention between the examiner and the appellants is whether Miyamoto                 

               teaches or suggests a buried anti-punchthrough implant channel which is narrower than the gate electrode.           

               The examiner asserts that Miyamoto teaches (final rejection, page 6) the region (6) (i.e., a buried anti-           

               punchthrough region) is narrower than the gate electrode  (3) as shown by the distance Lp.                          

                       Appellants assert (brief, page 15) than in Miyamoto, the buried region (6) extends under the entire         

               active device, spanning far on either side of gate electrode (3), and that the subsequent implantation of still     

               higher doses of P-type impurities to areas peripheral to gate electrode (3) does not make the region (6)            

               any narrower.                                                                                                       


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