Ex Parte NIUYA - Page 7




          Appeal No. 2001-0046                                                        
          Application 08/971,014                                                      


          openings in a second insulating layer and are electrically                  
          connected via contact holes of a first insulating layer to                  
          impurity doped regions in the substrate (col. 1, lines 49-57).              
          As shown in figure 4B, Takaishi fills contact holes in first                
          insulating layers 8 and 6 with doped polysilicon 22' (col. 4,               
          lines 35-41).  Parts of second insulating layer 21 that covers              
          the entire structure are removed to form openings 21a, in which             
          the second insulating layer forms the walls and the first                   
          insulating material along with the top surface of plugs 22' form            
          the bottom portion (col. 4, lines 42-50).  However, during the              
          step of removing portions of the second insulating layer, contact           
          regions are not exposed since the conductive plugs in the contact           
          holes remain unetched (col. 4, lines 49-50).  Although Takaishi             
          forms a conductive layer (polysilicon layer 22) in the opening to           
          conform to the bottom and sides of the opening, the conductive              
          layer does not contact the contact region in the semiconductor              
          material structure since the contact region is covered by plug              
          22'.  Therefore,  we disagree with the Examiner’s assessment of             
          the teachings in Takaishi as the conductive plug 22' in the                 
          contact hole not only does not allow the exposure of the contact            
          region, but also prevents the claimed conductive layer formed in            
          the cavity from contacting the contact region.                              

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