Ex Parte Inoue - Page 5



          Appeal No. 2005-1065                                                        
          Application No. 10/095,053                                                  

               In our opinion, claim 1 must be read in light of the                   
          specification (p. 7, ll. 4-13) to give meaning and vitality to              
          the expression “applying an high oxidation capability.”  In so              
          doing, we take the expression to mean:                                      
               . . . [H]ydrogen gas and oxygen gas are separately                     
               introduced into a reaction vessel accommodating wafers to              
               react with each other directly above the wafers and thereby            
               generate hydrogen radicals and oxygen radicals, which                  
               generates oxidation with a high capability.  [Underlining              
               added for emphasis.]                                                   
               Clearly, when the claim language is so interpreted, there is           
          no question of inherency since neither the admitted prior art               
          alone, or in combination with any of the other cited references,            
          teaches or suggests generating hydrogen radicals and oxygen                 
          radicals by separately introducing hydrogen gas and oxygen gas              
          into a reaction vessel to react with each other directly above              
          wafers in the vessel to obtain a gate oxide film of uniform                 
          thickness, viz., to oxidize the upper surface of a oxidation                
          preventive film and the upper surface of a semiconductor                    
          substrate at substantially the same speed.                                  






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