Ex parte ORLOWSKI et al. - Page 6







             Appeal No. 1999-1637                                                                                     
             Application 08/417,537                                                                                   



             columns it is taught that various well known fabrication techniques such as doping,                      
             implanting and diffusion as expressed in dependent claims 34 and 35 are utilized as well                 
             as etching to form the various regions comprising the various embodiments in Wong’s                      
             whole patent.  We are unpersuaded of appellants’ position as to claim 31 that the claimed                
             process forms a sidewall spacer as a floating gate over the entire select gate and that                  
             such is not done in Wong.  There is no order recited in claims 31, 34 and 35 of the manner               
             or the timing in which the various regions are formed, contrary to the apparent position                 
             taken by appellants as to these claims.  In accordance with the examiner’s views as to                   
             Figures 9A and 9B as well as Figure 10E, the claim 31 feature is met in that the floating                
             gate does appear to be formed above the formation of the select gate within the channel                  
             region 903B/923 of the select transistor 922.                                                            
                    Lastly, we turn to the rejection of claims 1-3, 5, 6, 8, 18, 19, 30 and 36 as being               
             obvious over the combined teachings and showings of Ono in view of Sugaya.  We                           
             reverse this rejection.                                                                                  
                    Ono’s Figure 1 shows a conventional sidewall-type flash EEPROM cell with three                    
             gates comprising two transistors for each cell, such as the cells depicted in Figure 3 of this           
             reference.  On the other hand, Sugaya is a single transistor device for the memory cells per             


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