Ex Parte Arafa et al - Page 2




          Appeal No. 2004-0550                                                        
          Application No. 09/802,201                                                  


          capacitor is formed on a n-type silicon region of a single                  
          crystalline silicon substrate, with a gate dielectric formed on             
          the n-type region, a control gate formed on the gate dielectric             
          layer, n+ type source and drain regions formed along laterally              
          opposite sidewalls of the control gate, shallow n-type tip                  
          implants located adjacent to the source and drain regions,                  
          whereby the capacitor uses an electron accumulation layer beyond            
          one side of the gate dielectric as one surface of the capacitor             
          and a p-type polysilicon gate on the opposite side of the oxide             
          layer as the other capacitor electrode (Brief, pages 3-4).                  
          Appellants assert that because of the positive bias on the p-type           
          gate, this capacitor can provide more capacitance and does not              
          suffer from extra polysilicon depletion as in existing devices              
          (Brief, page 4).                                                            
               Appellants state that the claims stand or fall together,               
          with claim 1 as representative of the entire group (Brief,                  
          page 5).  Accordingly, we select claim 1 from the group of                  
          claims and decide the grounds of rejection in this appeal on                
          the basis of this claim alone.  See 37 CFR § 1.192(c)(7)(2000)              
          and In re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465               




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