Ex Parte SMITH - Page 4




         Appeal No. 2004-0859                                                       
         Application 08/866,456                                                     


         upwardly from the first conductive layer and the upper portion is          
         bowled upwardly and outwardly from the lower portion to the upper          
         surface of the insulating layer.  In claim 39 the lower portion            
         has a diameter adjacent the conductive layer which is smaller              
         than the diameter of the upper portion at the surface of the               
         insulating layer.  In claim 44 the lower portion has a steeper             
         side wall than the upper portion.                                          
              For the appellant’s claim requirement of an insulating layer          
         having an opening with a lower portion and a larger-diameter               
         upper portion, the examiner relies (answer, pages 5-8) upon Sato           
         which discloses a first conductive layer (lower wire 12) having            
         thereover an insulating layer (13) with an opening therethrough            
         (col. 4, line 67 - col. 5, line 45).  The opening has a lower              
         portion adjacent the substrate and a larger-diameter upper                 
         portion (figure 4D).  These portions are formed by two successive          
         lithographic processes which are not described (col. 5, lines 2-           
         7).  The disclosed benefit of these portions is that even if an            
         adhesion layer (15) which lines the opening, and a blanket                 
         tungsten layer (16) which fills the opening, are overetched when           
         they are etched back, the overetching does not extend downwardly           
         beyond the upper, wider portion of the opening (col. 5, lines 39-          
         42).  Hence, “[t]he metal plug 16A thus formed is highly                   

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