Ex Parte Ng - Page 5

          Appeal No. 2005-0585                                                        
          Application No. 09/821,478                                                  

          by this process (col. 7, lines 45-67).  The etch chemistries are            
          adjusted between the sputtering and etching species to bring                
          about the variable etch rates (fig. 5-8).  Answer, page 7.                  
               The examiner states that Horak, Ma and Tao solve the                   
          problem of etch bias, and attempt to form narrow gates with                 
          consistent CDs.  Answer, pages 7-8.                                         
               The examiner concludes that it would have been obvious to              
          one of ordinary skill in the art to have compensated for the                
          etch bias of nested and isolated lines by biasing the etch-                 
          masks, as taught by Horak, using the teachings of Ma and Horak,             
          to set the etching parameters in Tao’s trimming process, because            
          Ma teaches that varying the above-discussed parameters reduces              
          microloading, and increases the process window (col. 3, lines               
          15-27), while Horak teaches that this facilitates the design                
          process for producing consistent products (col. 2, lines 45-65).            
          Answer, pages 7-8.                                                          

          B.  Appellant’s Position                                                    
               Appellant’s position regarding the examiner’s rejection is             
          set forth on pages 4-12 of the brief.                                       
               Appellant first argues that Tao, Ma, and Horak would not               
          have been combined as alleged by the examiner because the                   
          references are directed to completely different matters and                 
          problems.  Brief, page 8.                                                   
               Appellant argues that Tao is directed to forming a very                
          narrow polysilicon gate line (col. 1, lines 65-67) using a                  
          consumable hard mask of silicon oxynitride covered by a thin                
          layer of silicon oxide during the etching of the polysilicon                
          (col. 2, lines 6-9).  Appellant states that Tao combines the                
          functions of the anti-reflection coating function, and the                  

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