Ex Parte Pan et al - Page 11



          Appeal No. 2005-0323                                      Page 11           
          Application No. 09/577,835                                                  

          current, a prior art method has suggested forming a metal                   
          silicide layer on the gate electrode and the source/drain                   
          diffusion regions, to reduce parasitic resistance.  However,                
          since the metal silicide layer on the gate electrode is as high             
          as the sidewall insulating layer formed on the sidewall of the              
          gate electrode, if the metal silicide layer is extremely grown, a           
          short circuit may occur between the gate electrode and the                  
          source/drain regions (col. 1, lines 13-36).  We find the teaching           
          of the metal silicide layer being extremely grown to mean that              
          the metal silicide layer is grown to a point that it extends                
          above the top of the sidewall insulating layer formed on a                  
          sidewall of the gate electrode.                                             
               Mogami further discloses (col. 1, lines 37-63) that “the               
          height of the metal silicide layer on the gate electrode layer is           
          smaller than that of the sidewall insulating layer, so that the             
          gate electrode layer is electrically isolated from the                      
          source/drain regions.  Thus, no short circuit may be generated              
          between the gate electrode layer and the source/drain regions.”             
          From Mogami's disclosure that it was known to make the height of            
          the silicide layer smaller than the height of the sidewall                  
          insulating layer to prevent short circuiting between the gate               
          electrode and the source/drain regions, we find that in Gardner,            





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