Ex Parte Hubacek et al - Page 22

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1          Other than these conclusory statements, we are not provided with any                    
           2    evidence to allow us to assess their probative value in a meaningful way.                     
           3    For example, how much reduction was observed?  Were the tests run in                          
           4    actual plasma deposition tests?  How many tests were run?  Why is the                         
           5    increased gas pressure important?  What is the margin of error?  Why is this                  
           6    reduction surprising?  Accordingly, we do not accord these conclusory                         
           7    statements significant evidentiary weight.                                                    
           8                 (d) Reduced Electrical Resistance                                                
           9          Mr. Hubacek testifies that the claimed showerhead electrode provides                    
          10    better RF coupling than thinner showerhead electrodes by decreasing the                       
          11    electrical resistance of the electrode from the center to the edge and resulting              
          12    in a higher etch rate.  (Hubacek Declaration, Paragraph 6, spanning pp. 3 -                   
          13    4).                                                                                           
          14          However, Mr. Hubacek does not testify that these results were                           
          15    surprising or unexpected.   While the thicker electrodes may be better than                   
          16    thinner electrodes, the inquiry is whether the results were unexpected.                       
          17    Accordingly, we are not persuaded by this set of arguments.                                   
          18                 (e) Increased Plasma Confinement                                                 
          19          Mr. Hubacek testifies that the reduction in electrode resistance                        
          20    improves plasma confinement in the plasma reactor.  (Hubacek Declaration,                     
          21    paragraph 4, spanning pp. 4 - 6.).  Mr. Hubacek tested standard resistivity                   
          22    electrodes versus low resistivity electrodes.  According to Mr. Hubacek, a                    
          23    larger confinement window results.  Further “[s]uch performance benefits                      
          24    are highly desirable in semiconductor processing because by improving                         



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