Ex Parte Ng - Page 10

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

          Ma’s teachings to suggest divergent subject matter.  Answer,                
          page 10.                                                                    
               The examiner states that Horak deals with the same problems            
          as Tao and Ma: etching nested and isolated lines on                         
          semiconductor devices (col. 2, lines 51-65).  The examiner                  
          states that Horak teaches the basic phenomenon of etching bias              
          in Tao’s plasma etching (col. 1, lines 34-54) as well as Ma’s               
          RIE-etching (col. 1, lines 55-col.2, line 20).  The examiner                
          states that Horak uses Ma’s O-RIE etching to trim the etch masks            
          prior to etching the underlying polysilicon layer (col. 3, lines            
          11-15).  The examiner states that the space charge effect is                
          mitigated by adjusting the “etching” and “sputtering” species in            
          the gases (col. 3, lines 20-27).  The examiner states that this             
          is the same technique used in the instant invention.  The                   
          examiner notes further that Horak teaches the equivalence of                
          metal conductor etching and polysilicon etching to control gate             
          CD using O-RIE (col. 8, lines 44-50).  Answer, pages 10-11.                 
               The examiner also states that appellant argues (instant                
          brief: p.8) that Ma teaches “avoiding microloading” (col. 3,                
          lines 10-28), while Horak teaches “compensating for subsequent              
          normal etching process to prevent a nested/isolated offset-                 
          effect” (col. 6, lines 49-col. 7, line 2), and thus, the two                
          references are incompatible.  The examiner disagrees for the                
          following reasons.                                                          
               The examiner states that Ma solves the problem of                      
          nested/isolated offset in etching a conductor layer using a                 
          photoresist mask.  The examiner states that Ma does so by                   
          adjusting the RF power and frequency such that the sputtering               
          phenomenon and etching phenomenon are balanced (“space charge               
          effect”).  This leads to little or no re-deposition of the                  
          photoresist (“profile microloading”) during the conductor etch.             
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