Ex Parte FIGURA - Page 4




          Appeal No. 2002-0677                                                        
          Application 09/257,899                                                      


               The portion of Ko relied upon by the examiner pertains to              
          the appellant’s claim 32 which recites treating an amorphous                
          silicon layer overlying a polysilicon layer to form a polysilicon           
          surface having grains thereon.  The relied-upon portion of Ko               
          discloses making a capacitor layer of materials which can be                
          amorphous silicon (col. 3, lines 58-64).                                    
               The admitted prior art relied upon by the examiner is a                
          disclosure that it was known in the art to form hemispherical               
          grain polysilicon at a critical temperature and pressure at which           
          an anomalous nucleation occurs, and that the grains are so close            
          together that a dielectric layer deposited over them bridges                
          between the grains (specification, page 4, line 21 - page 5,                
          line 10).                                                                   
               The appellant’s independent claims require 1) deposition of            
          a silicon or polysilicon layer on a substrate before deposition             
          of the layer from which the hemispherical grains are formed, and            
          2) etching or removing part of the hemispherical grain-containing           
          layer to decrease the size of the grains or increase the surface            
          area.  The examiner argues that the appellant’s admitted prior              
          art and Hirota show that forming hemispherical grains was known             




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