Appeal No. 1997-3690
Application 08/427,163
lightly doped region 10 in the substrate 1. The Examiner
argues that it would have been obvious to one of ordinary
skill in the art at the time the invention was made to form an
implantation after the titanium oxide spacer to form a lightly
doped region in the primary reference of Mizuno because of the
reasons disclosed therein by Hunter. Examiner points us to
column 9, line 50-column 10, line 25. On pages 11 and 12 of
the Brief, Appellants argue that claim 4 requires that the
lightly doped source and drain (LDD) regions be formed in the
substrate after the formation of the metal oxide layer over
the gate and a portion of the substrate. Appellants point out
that since the lightly doped source-drain regions must extend
to a region adjacent to the gate, this step requires that the
lightly doped drain region be formed by implantation through
the metal oxide layer. Appellants argue that neither Mizuno
nor Hunter disclose formation of lightly doped source-drain
regions after the formation of the metal oxide layer.
The Examiner has failed to set forth a prima facie case.
It is the burden of the Examiner to establish why one having
ordinary skill in the art would have been led to the claimed
invention by the express teachings or suggestions found in the
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