Ex Parte Kizilyalli et al - Page 1




              The opinion in support of the decision being entered today was          
              not written for publication and is not precedent of the Board.          
                                                             Paper No. 16             
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      

                         Ex parte ISIK C. KIZILYALLI, YI MA,                          
                                and PRADIP KUMAR ROY                                  
                                                                                     
                                    ____________                                      
                                Appeal No. 2004-2049                                  
                             Application No. 10/158,467                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      

          Before KIMLIN, PAK and PAWLIKOWSKI, Administrative Patent                   
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   

                                  DECISION ON APPEAL                                  

               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner’s final rejection of claims 1, 3-7, and 9-19.                      
               Claims 1, 4, and 9 are representative of the subject matter            
          on appeal and are set forth below:                                          
                    1. A method of making an integrated circuit                       
               having an oxidizable layer with a surface, comprising:                 
                    growing a strain reducing oxide layer on the                      
               oxidizable surface in a dry oxidizing atmosphere;                      
                    depositing a high-k dielectric layer on the grown                 
               oxide layer;                                                           







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