Ex Parte Belyansky et al - Page 2

               Appeal 2007-0653                                                                            
               Application 10/338,254                                                                      

                      providing a mixture of oxygen-bearing gas and diluent gas normally                   
               non-reactive to oxygen, the diluent gas being selected from the group                       
               consisting of Ne, Ar, Kr, Xe, and Rn;                                                       
                      ionizing the oxygen and diluent gas mixture to create a plasma having                
               an electron density of at least 1e12cm-3, the ionized oxygen and diluent gas                
               mixture forming energetic particles including atomic oxygen in the plasma;                  
               and                                                                                         
                      oxidizing said substrate with the energetic particles created in the                 
               plasma to form an oxide3 film of substantially uniform thickness.                           

                      11.  The method of claim 9 wherein the silicon-containing material is                
               monocrystalline silicon having multiple crystallographic planes.                            

                      Claims 11, 12, 14-19, 21, and 22 stand rejected under 35 U.S.C.                      
               § 112, first paragraph, description requirement.  Claims 1, 3-19, 21, and 22                
               stand rejected under 35 U.S.C. § 112, second paragraph.  In addition, claims                
               1-10, 13-18, and 22 stand rejected under 35 U.S.C. § 103(a) as being                        
               unpatentable over Asmussen in view of Fairbairn and further in view of any                  
               one of Yin, Iyer or Cathey. We note, however, that no appeal is taken for                   
               claim 2.                                                                                    
                      The basis for the Examiner's Section 112, description requirement                    
               rejection is the Examiner's understanding that monocrystalline silicon, or                  
               single crystal silicon, can have only one crystallographic plane.  The                      
               Examiner explains that "[i]f there is the only one crystal, how can that single             
               crystal be in more than one orientation/plane at the same instance?" (page 5                
               of Answer, last paragraph).  Also, the Examiner notes that "with respect to                 
               claims 11-12, 19 & 21 know [sic, no] prior art was applied, because it is                   


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