Appeal No. 96-1848
Application 08/161,604
evidence. Absent evidence, it must be assumed that Haskell
with tungsten contacts would have the same cross-section as
shown in figure 15b.
Claims 10, 11, 13, 14, 16, 25-28, and 30: Haskell and
Deleonibus
Claim 10 more specifically recites three dielectric
layers. The claimed "bottom layer of oxide on the
substrate" corresponds to the field oxide layer 28a in
Haskell. The claimed "sealing layer on the oxide layer"
corresponds to the etch-stop silicon nitride layer 28b in
Haskell. The claimed "interlevel layer on the sealing
layer" corresponds to oxide layer 28c in Haskell. Because
Haskell shows each successive dielectric layer in immediate
contact with the underlying layer there is no need to decide
whether the terms "on the substrate," "on the oxide layer,"
and "on the sealing layer" require direct contact between
layers or permit intervening layers. Since the silicon
nitride layer 28b in Haskell is the same material as
appellants' sealing layer, as evidenced by claim 14, it is
considered to inherently perform the function of "acting to
seal the underlying oxide layer." Appellants have not
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