Appeal No. 2001-0336
Application No. 09/059,865
Claims 13 through 17 also recite this limitation due to their
dependence on claim 12.
As we have found on page 14 of our opinion, claim 18
includes the limitation of "removing a portion of the non-
dielectric material from the creases using a given method, the
given method leaving undesirable residual non-dielectric material
in some of the creases. Claims 19 through 23 also recite this
limitation due to their dependence on claim 18.
Appellant argues that Kim's silicon spacer is not an
undesirable residual non-dielectric material as required by
Appellant's claims. Appellant points out that in Kim's first
embodiment of Figure 1, the silicon spacer 18 is actually present
in the final device and used to fill part of the contact hole.
Appellant points out that even in Kim's second embodiment of
Figure 2, if it were not for the silicon spacer 18, the thermal
oxide spacer 19 could not be formed. Appellant argues in both
embodiments, the silicon spacer 18 is purposely created, useful,
desirable, and necessary for successful implementation of the Kim
device. See page 7 of the request.
We agree that Kim's spacer 18 cannot read on Appellant's
claimed undesirable residual non-dielectric material. Therefore,
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