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. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007