Ex Parte YANG et al - Page 5



          Appeal No. 2001-0607                                                        
          Application No. 09/244,429                                                  

          resistance and so as not to decrease the dielectric strength of             
          the dielectric.                                                             

               With regard to the rejection of the claims relying on APA in           
          view of Prall, the examiner makes the same allegations as before            
          but uses APA for a teaching that “it is common (and therefore               
          obvious) to form a control gate arrangement with a polysilicon              
          layer 26 with a silicide layer 28 overlay and a polysilicon cap             
          layer 30” [answer-pages 4-5].                                               
               The examiner then concludes that it would have been obvious            
          to combine the references to Yoshimi, APA and Gluck in order to             
          make a control gate electrode with a polysilicon layer overlaid             
          with a silicide layer and a cap layer, as taught by APA, and to             
          form dielectric layers free of pitting, as taught by Gluck, in              
          the device of Yoshimi since this is common in the art and so as             
          not to decrease strength of the dielectric.                                 
               It is our view that the examiner has not established a prima           
          facie case of obviousness with regard to the instant claimed                
          subject matter because the claim limitation of “wherein the                 
          control gate arrangement comprises a plurality of silicon-based             
          layers and has a thickness of no greater than about 800 D” is               
          not suggested by the applied references.                                    
                                         -5–                                          




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