Appeal 2007-1097
Application 10/230,593
1 i.e., using CO2 in combination with only one of an inert gas, NH3, H2, Ar, N2
2 or He in some capacity.
3 According to the Appellant’s Specification, CO2 is used either alone
4 or in combination with other gases, such as NH3, H2, Ar, N2, He, or inert
5 gases, as the dry plasma etchant. Specification 11:1-4. Thus, giving claim 1
6 the broadest reasonable interpretation consistent with the Appellant’s
7 specification, it is reasonable to interpret claim 1 as reciting that CO2 and
8 only one of an inert gas, NH3, H2, Ar, N2 or He are used to generate the dry
9 plasma etchant in the claimed method. See Morris, 127 F.3d at 1054, 44
10 USPQ2d at 1027 (“it would be unreasonable for the PTO to ignore any
11 interpretive guidance afforded by the applicant’s written description”).
12 2. Claims 1, 11, 20, and 23-26
13 The Examiner finds that Gupta uses a dry plasma etch process to
14 pattern an organic bottom anti-reflectant coating layer. The Examiner finds
15 that Gupta uses an oxygen containing gas, such as CO2, in combination with
16 a nitrogen containing gas, such as N2, and helium in the disclosed process.
17 Relying on column 8, lines 12-19 of Gupta, the Examiner finds that Gupta
18 discloses a non-preferred embodiment wherein only an oxygen source and a
19 nitrogen source are used. Final Office Action mailed January 20, 2006 at 2-
20 3; Answer at 3-4, 5-6.
21 The portion of Gupta relied on by the Examiner reads as follows
22 (Gupta 8:12-19):
23 Additionally, a significant amount of He is added to the
24 mixture of nitrogen and oxygen. Helium is an effective heat
25 conductor and thus helps in cooling the wafer surface. By
26 provid[ing] adequate cooling of the wafer surface, helium
27 minimizes thermal degradation of the layer of photoresist 10.
28 Without helium or other inert gases, melting of the layer of
7
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