Ex Parte GONZALEZ et al - Page 10


         Appeal No. 2003-1298                                                       
         Application No. 09/369,579                                                 

              Figure 5B of Vasquez shows dielectric structures 24                   
         between field oxide region 44 and nitride layer 20 and                     
         between field oxide region 44 and active regions of                        
         substrate 10.                                                              
              Appellants do not explain why there could not be                      
         active regions located in substrate 10, below layer 20. We                 
         therefore agree with the examiner that dielectric                          
         structures 24 are between field oxide region 44 and active                 
         regions of substrate 10.                                                   
              However, with respect to whether dielectric structures                
         24 are between oxide 44 and nitride layer 20, we find that                 
         Vasquez teaches that portions of layer 30 (shown in Figure                 
         3) are removed, as shown in Figure 4.  Then layer 42 is                    
         deposited thereon, as shown in Figure 4.  Layer 42 is                      
         oxidized to form isolation region 44, shown in Figure 5A.                  
         See also column 5, lines 48-66 of Vasquez.  Hence, no part                 
         of layer 30 (which forms vertical wall surfaces 24) is                     
         between oxide 44 and nitride layer 20.  Hence, we agree                    
         with appellants that because plug 34 is already formed                     
         prior to formation of isolation region 44, dielectric                      
         structures 24 do not separate nitride layer 20 from oxide                  
         region 44.                                                                 
              In view of the above, we reverse the rejection of                     
         claim 34.                                                                  

         IV. Conclusion                                                             
              We reverse the rejection of claim 34, but affirm every                
         other rejection.                                                           





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