Ex Parte Ngo et al - Page 5




          Appeal No. 2003-1206                                                        
          Application No. 09/773,063                                 Page 5           


               According to the examiner, it would have been obvious to one           
          of ordinary skill in the art at the time the invention was made             
          to modify the APA device by including a metal oxide barrier such            
          as taught by Hong disposed underneath the capping layer (124,               
          Fig. 2) of the APA but over the conductive core (136, Fig. 2) so            
          as to prevent metal atoms from diffusing out of the metal                   
          conductor of the APA as taught by Hong.  Furthermore, the                   
          examiner relies on Liu in combination with both APA and Hong.               
          The examiner maintains that it would have been obvious to one of            
          ordinary skill in the art at the time the invention was made to             
          further modify the proposed combination of Hong and APA, as                 
          discussed above, by recessing a barrier metal oxide interconnect            
          cap in the opening that is filled with conductive material in APA           
          to better protect the conductor from corrosion, which is the                
          purpose of the passivation layer of Liu.                                    
               As part of meeting the initial burden of establishing a                
          prima facie case of obviousness, the examiner must determine                
          whether the differences between the subject matter of the claims            
          and the prior art “are such that the subject matter as a whole              
          would have been obvious at the time the invention was made to a             











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