Ex Parte Yajima - Page 2



          Appeal No. 2005-0520                                                        
          Application 09/768,271                                                      


               side walls formed on side surfaces of said first and second            
          gates, said side walls being a silicon oxide film;                          
               a protective layer formed selectively on said field oxide to           
          prevent overetching of said field oxide, said protective layer              
          being a material different than said field oxide; and                       
               an insulating layer, a contact hole, and a connecting wire             
          formed above a surface of the substrate.                                    
               The examiner relies upon the following reference in the                
          rejection of the appealed claims:                                           
          Yoo et al. (Yoo)            5,605,853            Feb. 25, 1997              

               Appellant’s claimed invention is directed to a semiconductor           
          device comprising first and second gates, a field oxide formed on           
          the substrate between the gates, and a protective layer of poly-            
          silicon formed on the field oxide.  According to appellant,                 
          “[p]olysilicon layer 12 prevents etching of field oxide 34 during           
          this overetching of oxide layer 36, preventing decreases of field           
          isolation voltage caused by thinning of field oxide 34 (page 14,            
          lines 1-7)” (page 4 of Brief, second paragraph).                            
               Appealed claims 6-9 and 11-19 stand rejected under 35 U.S.C.           
          § 102(b) as being anticipated by Yoo.                                       



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