Appeal No. 2001-0607
Application No. 09/244,429
Yoshimi could be considered to be a “plurality of silicon-based
layers,” which it cannot, the examiner has picked merely one
portion of the disclosed range of 15-3000 Angstroms, i.e., 15-800
Angstroms, and contended that since the claimed range is within
the range disclosed by Yoshimi, the claim limitation of “the
control gate arrangement comprises a plurality of silicon-based
layers and has a thickness of no greater than about 800 D” is
taught by the reference. However, while Yoshimi may mention that
the second polysilicon layer 15 can be 15-3000 Angstroms thick,
in general, there is no specific teaching in the reference as to
how a thickness of no greater than 800 Angstroms is to be
achieved if, in fact, it can be achieved without appellants’
disclosure. It is also interesting to note that in the example
of the Yoshimi’s own invention, at column 4, lines 45-46, the
second polysilicon layer 15 is deposited to the extreme end of
the scale, at 3000 Angstroms.
While we are also a bit skeptical on the motivation given by
the examiner for combining either Prall or APA, with Gluck, with
Yoshimi, to provide for the alleged deficiencies of Yoshimi, it
is clear to us that there is no teaching or suggestion in the
applied references for “a control gate arrangement directly
overlying the dielectric layer wherein the control gate
-8–
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