Appeal No. 96-0386 Application No. 08/270,082 effect on anisotropy and selectivity of various mixtures of SF used in the reactive ion etching technique of dry etching. 6 Appellants assert that nowhere in Pinto is there any disclosure that dry etching with SF or mixtures of SF would6 6 cause less damage relative to any other dry etch chemical. After careful review of the reference to Pinto, we are in agreement with Appellants. However, even assuming, arguendo, that Pinto provides support for the notion that the use of SF as a dry etch chemical prevents substrate damage 6 in comparison with other chemicals, it is our view that it would not have been prima facie obvious to combine Suehiro and Pinto since we agree with Appellants (Brief, page 6) that Suehiro "teaches away" from the claimed invention. Instead of choosing a particular chemical to dry etch the silicon nitride layer to prevent damage to the substrate, Suehiro's solution to the problem is to add an additional protective layer of dielectric over the substrate. Accordingly, the skilled artisan would not have looked to the disclosure of Pinto to select a particular dry etch chemical to prevent damage in Suehiro when Suehiro's disclosed solution to the problem, i.e. the addition of a protective dielectric layer over the 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007