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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007