Ex parte SATO et al. - Page 2


                Appeal No. 1998-1728                                                                                                         
                Application 08/397,243                                                                                                       

                10µ m, whereas free Si grains existing in gaps of the MSi2 grains have a maximum grain size not greater                      
                than 20µ m.                                                                                                                  
                        2.  A refractory metal silicide target according to claim 1, wherein when the average value of a                     
                Si/M atomic ratio in the entire sputtering is assumed to be X, the dispersion of the Si/M atomic ratio in                    
                an arbitrary cross section of 1 mm2 in the mixed structure is in a range of     X ± 0.02.                                    
                        The appealed claims, as represented by claim 1,1 are drawn to a refractory metal silicide target                     
                comprising at least a fine mixed structure composed of specified MSi2 (metal silicide) grains and Si                         
                (silicon) grains.  The metal silicide grains have an average grain size not greater than 10 µm and the free                  
                silicon grains existing in gaps of the silicide grains have a maximum grain size not greater than 20 µm.                     
                The number of metal silicide grains independently existing in a cross section of 0.01 mm2 of the mixed                       
                structure is not greater than 15.  In claim 2, the silicon/metal atomic ratio across the target can vary from                
                the average value of this ratio by          ± 0.02.  According to appellants, since silicon in a mixed                       
                structure of the target is “more deeply eroded than” metal silicide during sputtering, it is preferable that                 
                the mixed structure is “arranged such that [metal silicide] grains are coupled . . . like a chain and [silicon]              
                exist in the gaps of the [metal silicide] grains to reduce particles generated in a target because [metal                    
                silicide] grains are liable to be removed or dropped from an eroded surface in a position where [metal                       
                silicide] independently exists in [silicon] phase” (specification, page 15; see also, e.g., pages 9-12).                     
                        The reference relied on by the examiner is:                                                                          
                Satou et al. (Satou)                             5,418,071                               May 23, 1995                      
                                                                                                   (filed Feb.  4, 1993)                     
                        The examiner has rejected the appealed claims under 35 U.S.C. § 103 as being unpatentable                            
                over Satou.  We affirm.                                                                                                      
                        Rather than reiterate the respective positions advanced by the examiner and appellants, we refer                     
                to the examiner’s answer and to appellants’ brief for a complete exposition thereof.                                         
                                                                  Opinion                                                                    
                        We have carefully reviewed the record on this appeal and based thereon find ourselves in                             
                agreement with the examiner that the claimed refractory metal silicide target encompassed by appealed                        





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