Appeal No. 1999-0382
Application 08/436,133
The second conductive layer is not argued. In any case, APA
figure 2 implies the existence of a second conductive layer.
Appellant argues that Nagamine does not provide any motive
or incentive to make the proposed modification of adding a fourth
dielectric layer (Br9-10). The Examiner responds that the
motivation need not be expressly stated in the references and
that Nagamine discloses a conformal silicon nitride layer
sandwiched between two oxide layers (EA11).
While we agree with the Examiner that the motivation need
not be expressly stated in the reference, there needs to be some
good reason in the reference or in the knowledge of one of
ordinary skill in the art why one skilled in the art would have
sought to make the proposed modification. Nagamine discloses
(col. 2, lines 38-40): "The intermediate film 19 is an extension
of a capacitor dielectric film, for example, a silicon nitride
film." See also col. 7, lines 13-15. Because the purpose of the
silicon nitride layer in Nagamine is not to act as an etch stop
layer to prevent damage to the contact, we fail to find any
motivation for the Examiner's conclusion that "it would have been
obvious to one of ordinary skill in the art to provide the
Appellant's disclosed prior art with a silicon nitride layer of
oxide to preserve the structural integrity of the contact
structure" (FR6; EA7). It is noted that unlike the corresponding
"second dielectric layer" claim 1, which is claimed to be "made
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