Ex parte KAWASAKI et al. - Page 8




          Appeal No. 1998-3043                                                         
          Application 08/667,587                                                       

          TECHNOLOGIES FOR 16M DRAM” in the publication IEDM and                       
          published in 1988.  The discussion of “field-shield isolation”               
          in that article on page 247 appears below and is not                         
          inconsistent with the appellants’ definition of field shield                 
          isolation:                                                                   
                    The field-shield isolation is a three layer                        
               structure consisting of a thin thermal oxide (field-                    
               shield gate oxide), a doped polysilicon (field-                         
               shield plate) deposited on the thin gate oxide and a                    
               CVD oxide layer deposited on the polysilicon plate.                     
          In the Abstract, the article explains that field-shield                      
          isolation  “enables the isolation region to reduce down to a                 
          half-micron.”                                                                
               In light of the foregoing, it is evident that “field-                   
          shield isolation structure” refers to the internal                           
          configurations of a semiconductor device.  Of course, this                   
          structure is defined in part by what it does, but it is well                 
          established that product claims may include process steps to                 
          wholly or partially define the claimed product.  See, e.g., In               
          re Luck, 476 F.2d 650, 653, 177 USPQ 523, 525 (CCPA 1973).  To               
          the extent these process limitations distinguish the product                 
          over the prior art, they must be given the same consideration                
          as traditional product characteristics.  Id. Consider also the               

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