Appeal No. 2001-2659
Application 08/919,674
The examiner argues that “[t]he 1st polysilicon layer is
removed from the 2nd region, and the 2nd polysilicon layer is
removed from the 2nd region (see Figs. [sic] 1C)” (answer,
page 3). The examiner, however, does not point out any
disclosure in Kume wherein the first polysilicon layer is removed
from the second region before the intermediate insulating film
and second polycrystalline layer are formed in that region.
The examiner, therefore, has not carried the burden of
establishing a prima facie case of anticipation of the method
claimed in the appellant’s independent claims 1 and 2.
Accordingly, we reverse the rejection of these claims and
dependent claims 3-9.
Claim 10
Kume discloses a method for manufacturing a nonvolatile
semiconductor storage device (col. 1, lines 8-9), comprising the
steps of:
1) selectively oxidizing a surface of a silicon
semiconductor substrate (11) (col. 7, lines 46-48) according to
the LOCOS method (col. 8, lines 65-67) so as to form an element
separating oxide layer (14) which defines an elemental area
(figure 7, memory transistor area) and a peripheral circuit
transistor region (figure 7, peripheral circuit MOS transistor
6
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