Ex Parte Sandhu - Page 3




          Appeal No. 2004-0016                                                        
          Application No. 09/496,081                                                  


               We have carefully reviewed the respective positions advanced           
          by appellant and the examiner.  In so doing, we find ourselves in           
          agreement with appellant that the examiner has failed to                    
          establish a prima facie case of obviousness for the claimed                 
          subject matter.  Accordingly, we will not sustain the examiner's            
          rejections.                                                                 
               The examiner appreciates that "Gonzáles fails to teach a               
          bottom capacitor plate consisting essentially of amorphous TiN"             
          (page 4 of Answer, last paragraph).  Instead, Gonzales discloses            
          a bottom capacitor plate comprising TiN and tungsten.  However,             
          citing Lee's disclosure of a semiconductor device having an                 
          amorphous TiN layer in a contact hole structure, the examiner               
          concludes that:                                                             
               [I]t would have been an obvious modification to someone                
               with ordinary skill in the art, at the time of the                     
               invention, to modify the structure as taught by                        
               Gonzáles to include a bottom capacitor plate consisting                
               essentially of amorphous TiN, as suggested by Lee, in                  
               order to improve the characteristics of the diffusion                  
               barrier at a contact hole portion and prevent the                      
               occurrence of defects such as cracks, as disclosed on                  
               page 5, lines 22-31.                                                   
          (Page 4 of Answer, last paragraph).  We understand the examiner's           
          position that it would have been obvious to replace the bottom              
          capacitor plate of Gonzales, comprising TiN and tungsten, with a            
          bottom capacitor plate consisting essentially of only TiN.                  

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