Ex Parte Cha et al - Page 4




         Appeal No. 2003-0230                                                       
         Application No. 09/624,025                                                 
         ions are then implanted in the bottom of the trench.  A nitride            
         spacer is then formed along the bottom and sidewalls of the                
         trench, followed by an isotropic etch removing the nitride and             
         oxide from the bottom of the trench.  An oxide deposition then             
         fills the trench, followed by a planarization step completing the          
         isolation structure.  (Specification, page 3, line 13 - page 4,            
         line 2).                                                                   
              I. The rejection of Claims 1, 2, 4, 5, 8-10, 12, and 14 under         
              35 U.S.C. § 103(a) as being unpatentable over Gardner in view         
              of Arnold and Sheng.                                                  
              The examiner has found that Gardner teaches all of the steps          
         of claim 1 except for implanting oxygen into the trench bottom and         
         forming spacers of nitride.  More specifically, the examiner has           
         found that Gardner provides a substrate, forms a first oxide               
         layer, deposits a nitride layer, patterns and etches the oxide and         
         nitride layers to form an opening, and anisotropically etches the          
         substrate to form trenches.  A second oxide layer is grown as the          
         trench liner and a nitride layer is formed over the oxide layer,           
         then anisotropically etched back to form spacers, exposing the             
         substrate at the trench bottom.  (Examiner’s Answer, page 3, line          
         18 - page 4, line 3).  The trench is then filled with oxide and            
         planarized (Id., page 4, lines 11-12).                                     
              The appellants have not challenged these findings of the              
         examiner, stating that “[I]t is agreed that Gardner teaches                

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