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. 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007