Appeal No. 2003-2096
Application No. 09/847,202
and electrically insulating liner (Brief, page 2). A first
portion of the isolation region extends to the surface of the
semiconductor material, a second portion of the isolation region
extends above and within the confines of the trench, and a
dielectric sidewall spacer is disposed on and extends over the
isolation region (id.).
Appellants state that the claims do not stand or fall
together (Brief, page 3) and present reasonably specific reasons
for the separate patentability of each claim (Brief, page 5).
Accordingly, to the extent appellants have separately argued the
dependent claims, we consider each claim separately. See 37 CFR
§ 1.192(c)(7)(2000). A copy of independent claim 4 as found in
this application is attached as an Appendix to this decision.
In addition to appellants’ admitted prior art (see Figures
3-6d), the examiner relies on Luning, U.S. Patent No. 6,005,279,
issued on Dec. 21, 1999 (filed Dec. 18, 1997), as evidence of
obviousness. The claims on appeal stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over the admitted prior art (Figures 3-
6d) in view of Luning (Answer, page 3). We affirm the rejection
on appeal essentially for the reasons set forth in the Answer and
those reasons stated below.
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