Ex Parte CHAU et al - Page 3



          Appeal No. 2001-2037                                                         
          Application No. 08/884,912                                                   

          35 U.S.C. 103.  As evidence of obviousness, the examiner cites               

          Young and Song with regard to claims 10, 12, 13, 15 and 18-22,               
          adding Ventkatesan with regard to claim 16.                                  
               Reference is made to the brief and answer for the respective            
          positions of appellants and the examiner.                                    

                                       OPINION                                         

               Turning first to the rejection under 35 U.S.C. 102(b), the              
          examiner relies on Figures 3 and 9 of Subbanna.  Subbanna teaches            
          the formation of a MOS transistor wherein a gate electrode (N+)              
          is formed on a gate dielectric layer (see the oxide layer under              
          the gate) formed on a first surface of a substrate 31.  An                   
          isolation region is formed (see oxide layers on either side of               
          Subbanna’s Figure 9) and the top surface of the isolation region             
          extends less than 1500 Angstroms (because 0 is clearly less than             
          1500 Angstroms) above the first surface of the substrate.  As                
          shown in Figure 9 of Subbanna, there are a pair of recesses                  
          formed on opposite sides of the gate electrode, wherein the                  
          recesses extend the first substrate surface, as claimed.                     
          Moreover, a silicide layer WSi is formed in the pair of recesses             
                                         -3–                                           




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