Appeal No. 2003-2096
Application No. 09/847,202
invention was made to modify the isolation structure of prior art
figures 3-6d by adding dielectric sidewall spacers as taught by
Luning to prevent oxide loss at the edge of the trench during
subsequent etching steps (id.). We agree.
Appellants argue that the claimed provision of providing a
dielectric sidewall spacer on and extending over the isolation
region extending above the active regions is not taught or
suggested by the combination of admitted prior art and Luning,
even assuming arguendo that the combination is proper (Brief,
page 4). Appellants further argue that the spacer 52 in Luning
is not disposed over the isolation region as required by the
claims on appeal, the insulating material 47 of Luning is not
partially conformal with the surface of the semiconductor
material and partially extending over that surface, the liner 46
of Luning does not extend out of the isolation region and over
the active region, and there is no suggestion to install the
features of Luning into the admitted prior art (Brief, page 4).
Appellants’ arguments are not persuasive. As admitted by
appellants, all the claimed features are shown by the admitted
prior art figures with the exception of the dielectric sidewall
4
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