Appeal No. 1999-1133
Application No. 08/766,199
as conductive layer 3, then this via is filled with a second insulation layer 4 (see Figure 2). Thus, the via
is not filled with a metal, as required by the claim.
Moreover, from Ohtsuka’s disclosure, the nitrogen-containing plasma does not appear to be applied
to this via but, rather to via 4a of Ohtsuka (see Figure 4). So, we could identify via 4a as the claimed
via which is formed through insulation layer 4, with a nitrogen-containing plasma being applied thereto
for “cleaning” the via sidewalls and metal bottom (conductor 3 is the bottom). The problem here is that
there does not appear to be a liner, as claimed, applied to via
4a of Ohtsuka, the examiner having identified the liner as conductor 3 in via 2a. Moreover, even if we
had a liner in via 4a of Ohtsuka, via 4a appears to be filled with an insulation-protector layer 7 (see
Figure 6) which does not constitute a “second metal,” as required by instant independent claim 5.
The examiner’s decision rejecting claims 5 and 6 under 35 U.S.C. 102(b) and claim 7 under
35 U.S.C. 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
) BOARD OF PATENT
) APPEALS AND
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