Ex Parte REINBERG - Page 7



          Appeal No. 2006-1107                                                        
          Application No. 09/382,442                                                  

          uses a dry oxygen atmosphere, appellant argues that there is no             
          motivation to combine Nakanishi with Lisenker because Lisenker              
          describes a wet oxygen treatment.  In other words, appellant                
          argues that the Lisenker method is usable in processes that                 
          employ hydrogen, whereas, on the other hand, Nakanishi describes            
          a process that does not use hydrogen.  Appellant also argues that           
          the deuterium teachings of Lisenker also do not suggest that                
          deuterium can be used to reduce random single bit data loss in a            
          FLASH memory cell.  Appellant additionally argues that there is             
          no suggestion that the deuterium treatment of Lisenker would be             
          effective in an erase operation because deuterium does not have             
          the same removal properties as hydrogen (brief, pages 9-11).                
          The examiner responds that the dry oxygen of Nakanishi                      
          unintentionally introduces hydrogen into the process, and “it is            
          important to replace the ‘unintentional’ hydrogen with                      
          deuterium.”  The examiner also notes that Lisenker refers to a              
          group of MOS based devices of which FLASH memory is a subset.               
          The examiner also responds that appellant has not pointed out how           
          the proposed combination differs from the claimed invention in              
          such a way that a deuterium treatment would be ineffective for an           
          erase operation (answer, pages 6-7).                                        

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