Appeal No. 2003-1365
Application No. 09/376,659
photoresist mask 30 is used to limit the introduction of n-type
impurities 11n and 12n to the source region of p-well 3 (Figure 6
and col. 8 line 57-65) and then, photoresist mask 31 is used to
limit the introduction of p-type impurities 13p to the drain
region of p-well 3 (Figure 7 and col. 9, line 10-17). Komori
further introduces n-type impurities 14n into both source and
drain regions by applying and patterning photoresist mask 33
(Figure 8 and col. 9, lines 46-52). Therefore, what Komori uses
for covering the gate stacks and exposing the source or the drain
regions are photoresist masks which are completely etched away
and removed after each implant. In other words, in contrast with
the side wall layers of Gardner ‘298 and Kokubu, no parts of the
masks in Komori remain on the structure to protect the sides of
the gate stacks.
Although in our analysis of Gardner ‘298 and Kokubu above we
concluded that the Examiner has properly combined the two
references in rejecting claim 10, we agree with Appellants that
there is no reason to add Komori to the combination. In that
regard, while Komori uses photoresist masks for exposing the
source and drain regions during the step of introducing
impurities, the masks are entirely removed and no part of them
are left on the sides of the gate stacks. Additionally, the
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