Ex Parte SANDHU et al - Page 6




          Appeal No. 2001-1697                                       Page 6           
          Application No. 09/059,718                                                  


          part per million (ppm) of the gaseous oxidizing atmosphere.  See            
          numbered paragraphs 10 and 13 at pages 6 and 7 of Yamasaki.                 
               While Fujishiro seemingly suggests that HCl and water may be           
          employed in conventional amounts, such as 2.5 volume percent HCl            
          in the gaseous mixture of Fujishiro for forming a silicon dioxide           
          layer on a semiconductor device at relatively high temperatures             
          of at least 850 /C, such an amount of water or other hydrogen               
          compounds is contraindicated by the teachings of Yamasaki with              
          respect to their process.  Also, Yamasaki conducts the oxidation            
          at temperatures of 400-700/C and the examiner has not explained             
          how the teachings of Fujishiro regarding a higher temperature               
          oxidation process would have been perceived as relevant to the              
          Yamasaki process by one of ordinary skill in the art.  Hence, the           
          examiner’s assertion that one of ordinary skill in the art would            
          have included HCl and water in the gaseous oxidizer of Yamasaki             
          in amounts effective to increase oxidation rates while also                 
          taking into account the disadvantages of including as little as 1           
          ppm hydrogen containing compounds in the gas (answer, page 8)               
          falls short in establishing that such a modification of Yamasaki            
          would have been suggested to one of ordinary skill in the art               
          based on the combined teachings of Yamasaki and Fujishiro.  In              
          this regard, the examiner has not established that Fujishiro                







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