Ex Parte SMITH - Page 6




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


         to substantially uniformly enlarge and taper the opening in the            
         insulating layer, and 3) anisotropically etches the opening in             
         the insulating layer through to the source/drain regions (col. 2,          
         line 61 - col. 3, line 4; col. 4, line 66 - col. 5, line 27).              
         Liu states that this method forms a tapered opening with a metal           
         step coverage improvement over the state of the art of about 20-           
         60%, where metal step coverage is “the ratio of thickness of the           
         thinnest metal in the contact hole to the metal thickness on the           
         horizontal area” (col. 3, lines 5-9).  This step coverage is               
         shown in Liu’s figures 4-6 wherein metal layer 36 fills the lower          
         portion of the opening and covers metal layer 34 which lines the           
         opening, but does not fill the opening’s upper portion.                    
              The examiner argues that it would have been obvious to one            
         of ordinary skill in the art to use Liu’s method to form the               
         lower and upper portions of Sato’s opening to improve step                 
         coverage of a metal wiring layer at the opening (answer, pages 6,          
         8, 13 and 15-16).  Unlike Liu, however, Sato completely fills the          
         opening with metal and then etches back the metal to the                   
         insulating layer upper surface (col. 5, lines 10-17).  The                 
         examiner has not established that one of ordinary skill in the             
         art would have been led by the applied references to use Liu’s             
         technique, which only partially fills the opening with metal, to           

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