Ex Parte HAVEMANN - Page 11



          Appeal No. 2005-0287                                      Page 11           
          Application No. 09/216,214                                                  

               Regarding appealed claims 8 and 9, appellant argues the                
          claims together.  Thus, we consider claim 9 as representative of            
          claims 8 and 9.                                                             
               Representative claim 9 requires a transistor gate structure            
          including: (a) a semiconductor region with a gate dielectric                
          thereon; (b) a patterned gate having top, bottom and side                   
          surfaces that is located on the gate dielectric; (c) an                     
          electrically conductive metallic material covering the gate                 
          sidewalls and top surface; wherein (d) the gate dielectric                  
          includes thicker portions (lateral growth) near sidewalls of the            
          gate but not under central portions of the gate with the                    
          thickness of the dielectric increasing at the interfacing of the            
          gate bottom surface and sidewalls in a direction from the bottom            
          surface and toward and along the sidewalls.                                 
               As pointed out by the examiner in the supplemental answer              
          (answer dated November 28, 2003, page 4), Arai discloses a                  
          transistor gate structure that includes “a gate dielectric 103              
          over a semiconductor region 101" and “a patterned gate 104(a) of            
          polysilicon over said gate dielectric having sidewalls, a top               
          surface and a bottom surface.”  The examiner further takes the              
          position that the bird’s beak construction of the dielectric that           







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