Appeal No. 1999-0382
Application 08/436,133
page 6, lines 28-31, which supports the conclusion that
depositing the same material as the one specified in the
specification would (inherently) lead to voids (EA9).
Koyama discloses that "the overlying film 20 (silicon oxide
film) is formed on the overall surface of the intermediate
film 19" (emphasis added) (col. 7, lines 53-55). Appellant
discloses that the third dielectric layer material is "preferably
an undoped CVD oxide layer" (specification, p. 7, lines 23-24)
and this is the only material specified. Appellant argues that
Koyama does not disclose use of the same process disclosed by
Appellant (Br7-8), i.e., the CVD process. Appellant further
argues that Koyama only states that the overlying oxide film is
"formed" and "[n]one of the references of record indicate that
the silicon oxide layers corresponding to the claimed third
dielectric layer are formed by deposition" (RBr6).
We think the disclosure in Koyama that the silicon oxide
layer is "formed" implies that the layer is "deposited." How
else can the silicon oxide be formed? Because the silicon oxide
is formed on a silicon nitride layer, the silicon oxide is not
going to be grown as a thermal oxide. Nevertheless, there is
insufficient evidence to establish that the silicon oxide layer
in Koyama inherently has voids because we do not know that all
methods of "forming" will produce voids. The Examiner's finding
that Koyama's silicon oxide layer inherently would have voids is
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