Ex parte GAMBINO et al. - Page 8


          Appeal No. 1999-2115                                                        
          Application No. 08/724,574                                                  


          5, while Morimoto has been cited only for the teaching relating             
          to steam ambients as recited in appealed claim 7.  (Examiner's              
          answer, page 8.)  Since the examiner has not explained how Tang             
          or Morimoto remedies the fundamental deficiencies of the                    
          rejection based on Yu '843 and Rao, it follows that we also                 
          cannot uphold rejections II and III.                                        
               Turning to rejections IV through VI, Yu '534 teaches a two-            
          step process of plug (tungsten) formation using chemical                    
          mechanical planarization, in which the first CMP step is                    
          selective to the plug material and removes the upper layer of               
          tungsten from an oxide surface while removing very little or no             
          oxide from a wafer surface and the second CMP step is selective             
          to the oxide and removes a portion of the insulation material to            
          a level even with or slightly below the tungsten plugs.  (Column            
          3, lines 27-57.)                                                            
               The examiner admits that Yu '534, like Yu '843, does not               
          teach the reflowing step recited in appealed claim 9.                       
          (Examiner's answer, page 5.)  This difference notwithstanding,              
          the examiner held that "[o]ne of ordinary skill in this art                 
          would have been motivated to" use Rao's reflowing step to carry             
          out the process described in Yu '534.                                       




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