Ex Parte Labelle et al - Page 5

                    Appeal 2007-0287                                                                                                       
                    Application 10/705,347                                                                                                 

                                                              OPINION                                                                      
                            We determine the following factual findings from the record in this                                            
                    appeal:                                                                                                                
                            (1) Colombo and Doyle disclose methods for forming a field-effect                                              
                                 transistor on a substrate, including placing a high-k dielectric layer                                    
                                 over the substrate, a gate electrode layer over the high-k dielectric                                     
                                 layer, and etching both layers to form a gate stack (Answer 3-4);3                                        
                            (2) Colombo and Doyle both teach the benefits of performing a                                                  
                                 nitridation process on the gate stack, i.e., to avoid oxidation of the                                    
                                 gate stack layers and facilitate repairing of these layers (Colombo,                                      
                                 ¶ [0022]), or to prevent oxidation at the upper interface of the gate                                     
                                 dielectric (Doyle, col. 5, ll. 6-9);                                                                      
                            (3) Colombo teaches that nitridation may be accomplished by any                                                
                                 suitable technique (¶ [0011]) and Doyle teaching nitridation by                                           
                                 implanting nitrogen into the polysilicon gate electrode (col. 4, l.                                       
                                 63-col. 5, l. 6);                                                                                         
                            (4) Colombo suggests that the nitridation can be accomplished by                                               
                                 “plasma nitridation” such as decoupled-plasma-nitridation (DPN)                                           
                                 (page 2, claim 8, and ¶ [0011]);                                                                          
                            (5)  Colombo teaches that nitriding the sidewalls of a patterned gate                                          
                                 structure, and forming a silicon nitride encapsulation layer along                                        
                                 the sidewalls can be performed in sequence in a single processing                                         
                                 chamber (¶ [0011]);                                                                                       

                                                                                                                                          
                    3 Appellants admit that this part of the claimed process is “a conventional3                                                                                                                     
                    transistor fabrication process” (Specification 1:17 – 2:2).                                                            
                                                                    5                                                                      

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