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. 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007