Appeal No. 2005-1065
Application No. 10/095,053
the step of applying an high oxidation capability on
said main surface of a semiconductor substrate in an
atmosphere in which radicals of at least one kind of
hydrogen radicals and oxygen radicals are generated to
thereby form a gate oxide film on said main surface of a
semiconductor substrate and to oxidize an upper surface of
the oxidation preventive film such that oxidizing speeds on
the oxidation preventive film and the semiconductor
substrate are substantially the same as each other.
The prior art references relied upon by the examiner are:
Admitted Prior Art on pages 1-2 of the instant application.
Toru 10-313114 Nov. 24, 1998
(Published Japanese Patent Application)
Atkins et al. (Atkins), Chemical Principles, pp. 71-2 (W.H.
Freeman and Co., 1999).
Wolf, Silicon Processing For The VLSI Era, Vol. 3: The Submicron
Mosfet, p. 334 (Sunset Beach, CA, Lattice Press, 1995).
All of the appealed claims stand rejected for obviousness
under 35 U.S.C. § 103(a).
To support the rejection of claims 1-2 and 5, the examiner
relies upon the admitted prior art in view of Toru and Atkins.
Claims 3-4 stand rejected on the same basis with additional
reliance upon Wolf.
Based upon the record before us, we find that the examiner
has failed to establish a prima facie case of obviousness.
Accordingly, we shall reverse each of the rejections at issue.
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