Ex Parte Agarwala et al - Page 10


             Appeal No. 2006-1663                                                                                
             Application No. 09/871,883                                                                          

             the Examiner does not indicate where Farrar discloses that the insulating and                       
             conducting layers suffer from deleterious mechanical effects so as to require                       
             Havemann’s teachings to remedy such deleterious effects.  (Br. 9-11).                               
                   Appellants’ arguments are not persuasive.  We agree with the Examiner’s                       
             assessment of the conductivity of Havemann’s encapsulation layer 48 (i.e., upper                    
             conductive liner). (Answer 10).  We add that Havemann discloses that silicon                        
             nitride is merely an example of the material that may be used as the encapsulation                  
             material 48 (i.e., upper conductive liner), not that silicon nitride must be used as                
             the encapsulation material.  (Havemann, col. 4, ll. 65-67, “Encapsulation layer 48                  
             (e.g., 0.10 micron of silicon nitride) . . . .” emphasis added).  Moreover, Havemann                
             discloses that if silicon nitride is used as the encapsulating material 48 then it                  
             would have to be “selectively removed (e.g., from any bottom portion where the                      
             conductor is to make electrical contact to via metal).”  (Havemann, col. 4, ll.                     
             13-16).  Havemann also discloses that electrical contact is established between                     
             conductor metal (i.e., upper core conductor) 52 and via metal (i.e., lower core                     
             conductor) 39 in the embodiment shown in Figure 3G.  (Havemann, col. 5, ll.                         
             9-11).  All of Havemann’s disclosures indicate that electrical contact is established               
             between conductor metal 52 and via metal 39, even if silicon nitride is used as the                 
             encapsulation layer 48.                                                                             
                   In order for electrical contact to be established between the conductor metal                 
             52 (i.e., upper core conductor) and the via metal 39 (i.e., lower core conductor)                   
             without the added step of “selectively” removing the silicon nitride when it is used                
             as the encapsulation layer (i.e., upper conductive liner) 48, one would have                        
             obviously made encapsulation layer 48 (i.e., upper conductive liner) conductive.                    
             While Havemann discloses silicon nitride as an example of encapsulation material                    

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