Ex parte HSIAO - Page 4




          Appeal No. 2001-0228                                                        
          Application No. 09/116,612                                                  


               plasma etch method employing an etchant gas                            
               composition which upon plasma activation forms a                       
               chlorine containing species, Kolar does specifically                   
               discloses [sic, disclose] that the sequential etch                     
               of the tri-layer can be carried out using a plasma                     
               etching process to etch all layers (col 3, lines 17-                   
               18) [page 6 of Answer, last paragraph].                                
               Our reading of Kolar does not correspond to the                        
          examiner's understanding.  Specifically, Kolar discloses that               
          "[t]he sequential etch can be carried out using a plasma                    
          etching process to etch all layers, or alternatively, the                   
          etching can be carried out by a combination of plasma etching               
          and liquid chemical etching" (column 3, lines 17-22).  In our               
          view, a reasonable interpretation of the Kolar disclosure is                
          that the operation can be carried out either by plasma                      
          etching, alone, or in combination with liquid chemical                      
          etching, but not that the plasma etching can be performed via               
          a single plasma etching step, as required by the appealed                   
          claims.  As recognized by the examiner, although Huang employs              
          only plasma etching, the operation entails three sequential                 
          plasma etching steps.  Hence, there is simply no teaching or                
          suggestion in either reference to perform the etching                       
          operation with a single plasma etch method.  In addition, we                
          also note that Kolar does not disclose etching a composite                  

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