Ex parte DAUKSHER et al. - Page 5




                 Appeal No. 1998-2329                                                                                                                   
                 Application No. 08/740,402                                                                                                             


                 finds that Tabuchi does not disclose the stress effects of the                                                                         
                 oxide and nitride or depositing the oxynitride by PECVD                                                                                
                 processing (Answer, page 10).2                                                                                                         
                          To remedy this deficiency of either Bohlen or Tabuchi, the                                                                    
                 examiner applies Leedy for the teaching that a hard mask made of                                                                       
                 silicon dioxide and silicon nitride forms an oxynitride which                                                                          
                 together lower tensile stress levels (Answer, pages 5-6).  The                                                                         
                 examiner states that “[t]he purpose of the Leedy reference is to                                                                       
                 demonstrate the combination of silicon nitride and silicon                                                                             
                 dioxide to make an oxynitride and that oxynitrides provide                                                                             
                 reduced stress.”  Answer, page 14.  However, the examiner has                                                                          
                 not provided any factual basis in Leedy to support the above                                                                           
                 noted findings.  Leedy discloses that silicon oxide and silicon                                                                        
                 nitride dielectric films are used as free standing membranes                                                                           
                 (col. 6, ll. 27-34) and that deposition of these low stress                                                                            
                 dielectric films on either side of the semiconductor layer will                                                                        


                          2The examiner finds that Tabuchi discloses a masking film                                                                     
                 comprising at least one layer from various selected metals,                                                                            
                 metal oxides, and metal nitrides (see col. 2, ll. 29-33; col.                                                                          
                 3, ll. 38-42).  However, the examiner presents no convincing                                                                           
                 evidence or reasoning that two or more of these materials in a                                                                         
                 film would form an oxynitride mask film with stress values                                                                             
                 within the ranges recited in claim 1 on appeal.                                                                                        
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