Ex parte CHO et al. - Page 8




          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                      
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