Appeal 2007-0706
Application 09/905,172
(1989). Hasegawa teaches conventional deposition techniques, including
CVD (col. 8, l. 66 to col. 9, l. 12). Moreover, there is no dispute that CVD is
a known technique for depositing an organic insulation layer on a
semiconductor substrate. (Compare Answer 8, with Br. and Reply Br. in
their entirety).
Given that the selection of appropriate low dielectric organic
(insulation) layers, including the claimed conventional low dielectric organic
layer, and appropriate deposition techniques, including known CVD, is well
within the ambit of one of ordinary skill in the art, we concur with the
Examiner that one of ordinary skill in the art would have been led to employ,
inter alia, the claimed CVD organic layer as the organic layer in Huang’s
process, motivated by a reasonable expectation of successfully forming the
semiconductor device taught by Huang. KSR Int’l Co. v. Teleflex, Inc., 127
S. Ct. at 1739, 82 USPQ2d at 1395 (“The combination of familiar elements
according to known methods is likely to be obvious when it does no more
than yield predictable results.”); Hoeschele, 406 F.2d at 1406-07, 160 USPQ
at 811-812 (“[I]t is proper to take into account not only specific teachings of
the references but also the inferences which one skilled in the art would
reasonably be expected to draw therefrom . . .”).
In reaching this determination, we are cognizant of the Appellants’
arguments which appear to be directed to the claimed preamble limitation
“forming a multilayer antireflective hard mask structure.” (Br. 2).
However, as indicated supra, Huang and Hasegawa would have taught or
suggested forming the claimed multilayer structure in the claimed manner
(i.e., employing the claimed process steps). Moreover, Huang discloses that
one possible object of the invention is to use the low dielectric organic
8
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