Appeal No. 2006-3351
Application No. 10/011,882
regions in a substrate by forming trenches in a special
pattern to increase isolation and reduce losses.
(Johansson, Pages 8 to 9; Akram, column 3, top;
Appellants’ specification page 1, top). Improvements
in the techniques for forming the trenches taught by
Akram to avoid the bird’s beak undergrowth do not
detract from its teaching of the isolation technology
and being part of the same field of endeavor.
Appellants further assert that Akram “teaches away”
from the claimed invention, as “one of ordinary skill
in the art would be discouraged from following the path
set out in the portion of Akram relied upon in the
Office Action due to the deleterious effects that this
path garners” (Reply Brief, Page 9, middle).
Examiner relied upon Figures 2 and 2A of Akram, which
are labeled prior art. Akram, however, was not cited
for teaching the conventional trench formation
techniques using local oxidation and field oxide (FOX),
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