Appeal No. 2001-2590
Application No. 09/449,063
the oxide layer in the final structure formed, this does not teach
implanting oxygen into the substrate in the manner as claimed.
Simply adding Mogami to Hsu to reduce boron migration would not
necessarily replace the Hsu implantation with Mogami’s, it could
result in dual implantations. In other words, the motivation to
perform the process steps in the manner claimed is lacking.
Accordingly, we reverse this rejection.
Summary of Decision
The rejection of claims 1-6 under 35 U.S.C. §103(a) as being
unpatentable over Hsu in view of Wristers is sustained.
The rejection of claims 7-8 and 10-12 under 35 U.S.C. §103(a)
as being unpatentable over Hsu in view of Wristers as applied to
claims 1-6, and further in view of Barsan is sustained.
The rejection of claims 13-15 under 35 U.S.C. §103(a) as
being unpatentable over Hsu in view of Mogami is reversed.
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