Appeal No. 96-1848
Application 08/161,604
37 CFR § 1.192(c)(8)(4) (1995), the limitation is too
important to ignore. Haskell does not disclose or suggest
"a contact hole which is defined in a series of dielectric
layers comprising a bottom layer of oxide on the substrate,
a sealing layer on the oxide layer, . . . and an interlevel
layer on the sealing layer" because the silicon nitride
layer 28b corresponding to the "sealing layer" is removed
during manufacture. The deficiency of Haskell is not cured
by Deleonibus. Therefore, we conclude that the examiner has
failed to establish a prima facie case of obviousness with
respect to claim 10. The deficiency of Haskell and
Deleonibus with respect to claim 10 is not cured by Shirai,
Tomozawa, or Sze as applied in the rejection of the
dependent claims. Accordingly, the rejection of claims 10,
11, 13-17, and 25 is reversed.
Claim 26 recites a "bottom dielectric oxide layer,"
"a sealing dielectric layer," and "an interlevel dielectric
layer." These layers correspond to layers 28a, 28b, and
28c, respectively, of Haskell. Claim 26 defines "said
sealing layer mechanically modifying stresses at the
interface between said silicon substrate and said dielectric
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