Appeal No. 1997-3635
Application No. 08/498,357
of the metal layer. Additionally, Appellant on page 8 of the
brief argues that Wong teaches a low resistivity silicide but
is silent with regard to the particular silicon layer
thickness such that the contact resistance of the metal layer
is not substantially increased.
The Examiner on page 6 of the answer responds to
Appellant’s arguments by stating that Wong’s single pump down
cycle precludes the presence of oxygen or other gases. The
Examiner further states that other disclosed embodiments that
may include more than one pump down cycle do not contradict
the exclusion of oxygen in the single pump down cycle.
Additionally, the Examiner points out that the claimed
invention does not preclude an increase in the contact
resistance but “only that the contact resistance is not
substantially increased [emphasis is original].” The Examiner
concludes that Wong’s silicon film does not substantially
increase the resistance of the metallization layer.
As pointed out by our reviewing court, we must first
determine the scope of the claim. “[T]he name of the game is
the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998). Claims will be given their
7
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