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–Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007