Ex Parte TOMITA et al - Page 8





             Appeal No. 1999-0874                                                                                  
             Application 08/726,733                                                                                



                    As specifically applicable to independent claim 7, the discussion at column 5,                 
             lines 45-63 of Teng indicates to the artisan that silicon nitride would have had a                    
             relatively lesser etching rate than the silicon oxide in the interlevel dielectric discussed.         
             Thus, in accordance with the feature of the second insulation level having a higher                   
             etching selectivity with respect to the first insulation layer, the silicon oxide layer               
             discussed in this portion of Teng would have a higher etching selectivity as suggested                
             by this discussion than the silicon nitride layer.  These are the same corresponding                  
             materials associated with the claimed first insulation layer and the second insulation                
             layer in appellants’ representative prior art Figures 38 and 39.                                      
                    Moreover, in discussing the formation of insulating films such as silicon dioxide              
             and silicon nitride beginning at the bottom of page 96 of Muller, the statement is made               
             at the top of page 97 that silicon nitride layers do not oxidize as readily as do silicon             
             oxide layers.  This suggests again relative, selective etching or oxidation capabilities              
             between the two materials.  Selective oxidation is specifically taught at the top of page             
             638 of the section of Kirk-Othmer indicating that silicon nitride is an ideal material for            
             such selective oxidation since it too has an extremely slow rate of oxidation.  The                   
             discussion at the top of page 639 indicates that the selection of relative etch rate                  
             selectivity is important in the fabrication of integrated circuit structures and may for              
             example be controlled by the nature of the etching material such as in corresponding                  
             Table 3 at page 640.  This table indicates that silicon dioxide and silicon nitride may               

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