Ex Parte Agarwala et al - Page 12


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

             In our view, this disclosure would have motivated one of ordinary skill in the art at               
             the time the invention was made to combine Havemann’s overlapping                                   
             encapsulation material structure with Farrar’s barrier layer-to-barrier layer contact               
             region to produce an interconnect structure without deleterious mechanical effects.                 
                   As the Examiner notes, Havemann discloses that his invention produces                         
             insulating and conducting layers in semiconductors without deleterious mechanical                   
             effects. (Havemann, abstract).  Havemann’s disclosure relating to forming the                       
             insulating and conducting layer “without deleterious mechanical effects” includes                   
             forming the overlapping encapsulation material structure shown in Figure 3G (i.e.,                  
             encapsulation layer (i.e., upper conductive liner) 48 and encapsulation material                    
             (i.e., lower conductive liner) 36).  In looking at the prior art as a whole, Havemann               
             indicates the desirability of using his overlapping encapsulation material structure                
             to provide a more robust dielectric layer, and insulating and dielectric layers                     
             without deleterious mechanical effects.  (Havemann, abstract). From the foregoing,                  
             Havemann provides motivation for the combination with Farrar, that is, to produce                   
             layers “without deleterious mechanical effects.”                                                    
                   Appellants’ argument that one of ordinary skill would not know from                           
             Havemann’s disclosure which aspects are responsible for forming layers “without                     
             deleterious mechanical effects” is not persuasive.  As part of Havemann’s                           
             description to form the layers “without deleterious mechanical effects,” Havemann                   
             discloses the overlapping encapsulation material structure of Figure 3G.  We find                   
             that one of ordinary skill in the art reading Havemann’s disclosure would have                      
             understood that using the overlapping encapsulation material structure of Figure                    
             3G would yield beneficial mechanical effects in the insulating and conducting                       
             layers.  Moreover, we find that the overlapping encapsulation material structure                    

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