Appeal No. 2003-1298
Application No. 09/369,579
a substantially oval field oxide region from each of the
nitride layers. Brief, pages 8-9.
Appellants’ Figure 6 depicts nitride layer 16 and
trenches 34. Trenches 34 constitute a structure barrier
that separates the substantially oval field oxide region 42
from each of the nitride layer 16. Dielectric structures
34 each contact a respective active region 44.
The examiner refers to Figure 5b of Vasquez and states
that Vasquez discloses a pair of dielectric structures 24,
each of which contacts a respective active region in the
semiconductor substrate 10, and each pair of dielectric
structures 24 constitutes a structural barrier that
separates the respective active region from the field oxide
region 44. Also, the examiner states that nitride layers
20 upon respective oxide layers 18 is disclosed and each
oxide layer 18 contacts one of the dielectric structures 24
and one of the active regions in the semiconductor
substrate 10 and each pair of dielectric structures 24
constitutes a structured barrier that separates the
substantially oval field region 44 from each of the nitride
layers 20.
On pages 9-10 of the brief, appellants argue that
Vasquez does not teach this aspect of the claimed invention
because Figure 5b of Vasquez shows that isolation region 44
contacts the edges of nitride layers 20 above the pair of
trenches 24.
In rebuttal, on pages 17-18 of answer, the examiner
states that in reviewing appellants’ Figure 6, structure 34
is oxide, structure 22 (42) is oxide, and oxide 34 contacts
nitride mask 16. As a device, the examiner states there is
no separation between oxide structure 22 (42)/34, because
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