Appeal No. 2005-0518 Page 3
Application No. 09/313,424
OPINION
Claim 16 requires a step of placing a passivating substance X into the monocrystalline
silicon layer of a semiconductor structure additionally having a base layer and an insulation
layer. The placement can be done, according to the specification, by ion-implanting a substance
such as nitrogen into the layer (specification, p.13, ll. 10-12). The claim also requires a step of
heat treating for causing the passivating substance X placed into the monocrystalline silicon
layer to diffuse not only to the interface between the monocrystalline silicon layer and the
insulation layer, but also to the surface of the monocrystalline silicon layer opposite to the
interface. In other words, the passivating substance X must diffuse towards both the upper and
lower surfaces of the monocrystalline silicon layer.
The Examiner relies upon Hsu as describing a nitrogen ion implantation step meeting or
rendering obvious the step of placing a passivating substance X into the monocrystalline layer.
Hsu, however, describes implanting nitrogen ions into the insulating layer (middle layer 59 as
shown in Fig. 4), not in the monocrystalline silicon layer 42. Even if some of the ions were to
come to rest in the monocrystalline layer, it appears that they would come to rest very near the
interface with the insulation layer (Hsu, Fig. 2). The Examiner does not provide any reasonable
basis to believe that those ions traverse the entire thickness of the monocrystalline silicon layer
42 to reach the top surface during the heat treatment step in accordance with the diffusion
requirement of claim 16. Sato is not relied upon in a manner which cures this deficiency in the
rejection.
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