Appeal 2007-0442
Application 10/470,060
Relying on the above teachings, the Examiner has determined that one
of ordinary skill in the art would have been led to deposit and thermally
oxidize thin silicon layers, including epitaxial silicon layers, in Faraone’s
method, with a reasonable expectation of successfully forming an insulating
silicon dioxide film having a desired thickness (id). According to the
Examiner (id):
Faraone teaches thermally oxidizing a silicon [layer inclusive of
the epitaxial silicon taught by Jacobson] to provide a[n]
insulating silicon dioxide film and Jacobson teaches that it is
known in the art that a known method of producing a silicon
dioxide film is thermally oxidizing an epitaxial silicon layer.
The Appellant contends that Faraone and Jacobson do not provide any
suggestion to employ the epitaxial silicon layer in Faraone’s method (Br.
8-11). The Appellant also indicates that “the use of epitaxial silicon yields
several advantages as demonstrated in Figure 2 of Appellant’s invention”
(Br. 7).
The dispositive question is whether one of ordinary skill in the art
would have been led to deposit and thermally oxidize thin silicon layers,
such as thin epitaxial silicon layers, in the process of Faraone, with a
reasonable expectation of successfully obtaining an insulating silicon
dioxide layer or film having a desired thickness within the meaning of
35 U.S.C. § 103. On this record, we answer this question in the affirmative.
Although Faraone exemplifies depositing and thermally oxidizing
amorphous silicon layers on a substrate as argued by the Appellant, it clearly
is not limited to such an embodiment. See also In re Boe, 355 F.2d 961,
965, 148 USPQ 507, 510 (CCPA 1966) (all of the disclosures in a reference,
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