Ex parte KUSUNOKI et al. - Page 7




          Appeal No. 1998-0088                                                        
          Application 08/622,327                                                      



          film (12 in Figure 1).6  Consequently, claim 15 reads on the "eighth"       
          embodiment shown in Figure 44, which includes a silicon oxide film 2d       
          that is located between and in direct contact with RNO films 12d.           
          D.  The reference and rejections                                            
               The only rejections argued in the answer are based on the              
          following reference:                                                        
          Fujii et al. (Fujii)          5,063,423      Nov.  5, 1991                  
               Claims 15 and 16 stand rejected under § 102 as anticipated by          
          Fujii and, alternatively, under § 103 for obviousness over Fujii.           
          E.  The merits of the rejections                                            
               The examiner contends that claims 15 and 16 are anticipated by         
          the semiconductor device shown in Fujii's Figures 1A-1G.                    
          Specifically, in the Final Office action7 the examiner reads the            
          claimed nitrided oxide film on tunneling layer 14, which the examiner       
          describes as located over drain region 13 and continuous with the           
          silicon dioxide layer 17.  The examiner further contends that the           
          claimed nitrogen content is shown in Figures 12A-12C and that the           


               6  Claim 15 does not also require a nitrided oxide of the NO           
          type.                                                                       
               7  Paper No. 17.                                                       
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