Ex Parte WILK et al - Page 8



          Appeal No. 2004-0652                                                        
          Application No. 09/396,642                                                  

          consisting of: tantalum pentoxide, BST, PZT, a silicate, an                 
          oxide, a nitride, a combination thereof and a stack of one or               
          more thereof, and Nishioka’s teaching that the annealing and                
          oxidation step can take place at a temperature of 600°C. meets              
          the recitation in claim 7 that the first temperature is around 20           
          to 600 C.                                                                   
               On the other hand, Nishioka’s description of the use of                
          ozone in the annealing and oxidation step is not specific enough            
          to meet the recitation in dependent claim 4 of “remotely” forming           
          the ozone.                                                                  
               In light of the foregoing, we shall sustain the standing 35            
          U.S.C. § 102(b) rejection of claims 1, 2, 4, 5 and 7 as being               
          anticipated by Nishioka with respect to claims 1, 2, 5 and 7, but           
          not with respect to claim 4.                                                
          II. The 35 U.S.C. § 103(a) rejection of claims 3 and 6 through 12           
          as being unpatentable over Nishioka in view of Wong                         
               Wong discloses a method for etching a silicon wafer using              
          hydrogen fluoride and water vapor combined with ozone.  Of                  
          interest is Wong’s teaching that the ozone may be produced (1) in           
          a remote plasma generator or (2) in the etching apparatus itself            
          using ultraviolet excitation (see column 2, lines 49 through 57).           



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