Appeal No. 1997-3690
Application 08/427,163
wrenching fields and control of the hot carrier effect.
However the Examiner has not shown that Tsang as disclosed
already provides these characteristics. Upon our review of
Mizuno we fail to find that Mizuno teaches any benefits
associated with forming the metal oxide layer in direct
contact with the gate but rather Mizuno merely teaches that
interposing a high dielectric material between the gate and a
silicone oxide spacer suppresses the gate wrenching field
effects and gate capacity. Mizuno does not teach or suggest
that the high dielectric material may be separated from the
gate by thin oxide as in the metal oxide layer disclosed in
Tsang. Therefore, we fail to find that the Examiner has
provided any evidence or suggestions of why the proposed
modification would have been made by one of ordinary skill in
the art.
In view of the forgoing the decision of the Examiner
rejecting claims 1, 3, 5 and 9 under 35 U.S.C. § 102 is
affirmed; however, the decision of the Examiner rejecting
claims 2, 4, 7, 8, 10 through 13, 15 and 16 is reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
-14-
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