Ex parte LIEN - Page 6




          Appeal No. 1998-2896                                                        
          Application No. 08/558,564                                                  


          The examiner acknowledges (Answer, page 4) that “Tamura lacks               
          the teaching of the second non-monocrystalline                              
          [polycrystalline] silicon and thus the showing of the                       
          dielectric layer separating the polysilicon layers as now                   
          claimed [in claim] 38 but does show however the dielectric 38               
          separating portions of the polysilicon 36 with layers that are              
          subsequently formed.”                                                       
               For a teaching of a semiconductor device with a plurality              
          of polycrystalline silicon layers, the examiner turned to                   
          Saitoh.  According to the examiner (Answer, pages 4 and 5),                 
          “Saitoh teaches forming on first polysilicon 3 having oxide                 
          film                                                                        
          4 thereon second polysilicon 7 and silicide 5, wherein the use              
          of the second silicon obviates the need for cleaning the                    
          surface of the first polysilicon prior to forming the silicide              
          and wherein the second polysilicon and the silicide are not                 
          separated from each other at their boundary interface.”  Based              
          upon the teachings of Saitoh, the examiner concludes (Answer,               
          page 5) that “[i]t would have been obvious to one skilled in                
          the art at the time the invention was made in practicing the                
          Tamura process to have employed the second polysilicon layer                
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