Ex Parte Wang et al - Page 9

                  Appeal 2007-2510                                                                                         
                  Application 10/389,456                                                                                   
             1    16. Wang argues that the Examiner's alternative interpretation of the                                    
             2    teachings of Economikos is incorrect because "the mere fact that Claim 1 of                              
             3    Economikos et al. does not positively recite the intervening nitride layer is                            
             4    not the same as teaching or suggesting that the layer to be oxidized is in                               
             5    contact with the substrate.  If such an argument had merit, there would be no                            
             6    limit to what Economikos et al. would teach."  (Br. at 12; emphasis omitted.)                            
             7    17. In response to Wang's arguments about the intervening silicon nitride                                
             8    layer, the Examiner maintains that the broad claim interpretation is correct.                            
             9    (Answer at 17.)                                                                                          
           10     18. In response to Wang's arguments about the teachings to be had from                                   
           11     claim 1, the Examiner merely repeats his position without citing support                                 
           12     from the accompanying specification and without citation to the art.                                     
           13     (Answer at 17.)                                                                                          
           14     19. In the Reply Brief ("Reply") filed 18 December 2006, Wang notes                                      
           15     that Economikos claim 1 uses the language, "partially filling said trench with                           
           16     a first layer of silicon, so that the bottom of the trench is covered by said first                      
           17     layer of silicon."  (Reply at 5.)                                                                        
           18     20. Wang argues that the Examiner has improperly read the more                                           
           19     restrictive "in contact with" limitation of Wang's claims into the Economikos                            
           20     claims.  (Reply at 5.)                                                                                   
           21     21. The Examiner makes numerous other specific findings as to the                                        
           22     descriptions of trench-making processes in Economikos.  (Answer at 4–8.)                                 
           23     22. With the exceptions noted supra, Wang does not appear to dispute the                                 
           24     Examiner's other findings of fact as to the disclosures of Economikos, Van                               
           25     Zant, Vossen, and the other references.                                                                  

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