Ex Parte Kuroda et al - Page 6




          Appeal No. 2003-2096                                                        
          Application No. 09/847,202                                                  


          (STI) after a contact etch (specification, page 4, ll. 5-15).               
          This same problem was recognized by Luning, i.e., oxide loss at             
          the edges of isolation trenches during subsequent etching (col.             
          2, ll. 58-61; col. 4, ll. 1-7; ll. 42-59; col. 6, ll. 21-25; and            
          col. 7, ll. 47-51), and was solved by the installation of                   
          sidewall spacers.                                                           
               Appellants argue that though Luning teaches the use of a               
          sidewall, that sidewall is placed at a location different from              
          that of the invention (Reply Brief, pages 2-3).  This argument is           
          not persuasive since, as correctly found by the examiner, Luning            
          teaches that the sidewall 52 is placed at a location                        
          corresponding to the location required by claim 4 on appeal,                
          i.e., on and extending over the isolation region, inclined toward           
          the isolation region and over a portion of the liner.  The                  
          placement of the sidewall spacer “at the shoulder” (Reply Brief,            
          page 2) is not recited in the claims on appeal.                             
               With regard to appellants’ arguments concerning claims 2 and           
          5-7, we adopt the examiner’s findings from page 6 of the Answer,            
          namely that Luning discloses the claim 5 limitation that the                
          sidewall spacer is made from silicon nitride or silicon oxide               




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