Appeal No. 2001-2590
Application No. 09/449,063
While the appellants are correct in observing Barsan does not
teach oxygen, we note that Barsan more generally teaches varying
the implant dose of nitrogen towards a greater concentration
decreases the oxidation rate. (See, e.g. Figure 5). The ultimate
effect taught is that the oxide layer thickness depends upon the
nitrogen implanted. (See, e.g. Figure 2). Various steps of
nitrogen implantation in different regions to achieve different
oxide layer thicknesses are taught. (Column 5, lines 23-57). When
combined with the known substitution of oxygen as an oxidizing
enhancing implant, motivation and a reasonable expectation of
success in forming different oxide thicknesses are present.
Consequently, we concur with the examiner that the subject
matter of representative claim 7 would have been obvious to one of
ordinary skill in the art at the time the invention was made in
view of Hsu, Wristers, and Barsan.
The Rejection of Claims 13-15 Under 35 U.S.C. §103(a)
The examiner has found that Hsu discloses the subject matter
of claim 13, with the exception of forming a high dielectric
contrast dielectric layer on the substrate, implanting oxygen
through the polysilicon layer and into the substrate, and
annealing the substrate to form an interfacial oxide layer in the
substrate under the dielectric layer. (Examiner’s Answer, page 5,
lines 8-11). The examiner has additionally found that Mogami
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