Ex Parte Labelle et al - Page 4

                    Appeal 2007-0287                                                                                                       
                    Application 10/705,347                                                                                                 

                            Appellants further contend that the secondary references to Alers, Tu,                                         
                    Chang ‘240, Ballance, Aronowitz, and Chang ‘964 do not suggest                                                         
                    application of their disclosures to plasma nitridation of gate stacks in                                               
                    transistors after a gate etch (Br. 8-10 and 12).                                                                       
                            The Examiner contends that both Colombo and Doyle teach the                                                    
                    benefits of nitridation in the presently claimed process, and that Alers and                                           
                    Tu show that it was conventional in the art to nitridate with a nitrogen                                               
                    plasma (Answer 3-6).                                                                                                   
                            The Examiner contends that Chang ‘240, Ballance, Aronowitz, and                                                
                    Chang ‘964 are “evidence to show that ‘performing both etching and                                                     
                    nitridation in the same plasma process chamber’ is … well known in the art                                             
                    of semiconductor device fabrication.”  (Answer 6).                                                                     
                            Accordingly, the issues presented in this appeal are as follows: (1)                                           
                    was it well known in this art to use a plasma containing nitrogen as a means                                           
                    for effecting nitridation? and (2) was it well known in this art to perform                                            
                    both etching and nitridation in the same plasma process chamber?                                                       
                            We determine that the Examiner has established a prima facie case of                                           
                    obviousness in view of the reference evidence.  We also determine, based on                                            
                    the totality of the record, including due consideration of Appellants’                                                 
                    arguments, that the preponderance of evidence weighs most heavily in favor                                             
                    of obviousness within the meaning of § 103(a).  Therefore we AFFIRM all                                                
                    grounds of rejection in this appeal essentially for the reasons stated in the                                          
                    Answer, as well as those reasons stated below.                                                                         




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