Ex Parte Beaman et al - Page 4



          Appeal No. 2006-1181                                                        
          Application No. 10/393,718                                                  

               Appellants argue that Wristers teaches away from the claimed           
          invention by introducing the isolation layer to a high-pressure             
          nitrogen environment which is different from the claimed plasma             
          nitridization (brief, page 5).  Appellants further assert that              
          the resulting structures, as manifested by the nitrogen profiles            
          and depicted in Figures 5 and 6 of Wristers, differ from                    
          Appellants’ Figure 8 in having a sharp peak concentration                   
          profile, in their extent in the isolation layer and concentration           
          uniformity (brief, pages 5-8).                                              
               In response, the Examiner disagrees with Appellants’                   
          arguments (brief, page 5) that Wristers teaches away from the               
          claimed invention and indicates that the argued processing steps            
          and the resulting nitrogen profile are not recited in the claims            
          (answer, page 6).  We agree with the Examiner that the claims               
          merely require that nitrogen be introduced into the isolation               
          layer and shift the threshold voltage by a pre-selected amount              
          that corresponds to the concentration of nitrogen.  As pointed              
          out by the Examiner, the specific argued features cannot be                 
          included in the broad recitation of shifting the threshold                  
          voltage as a result of introducing nitrogen.                                



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