Appeal No. 1998-2329
Application No. 08/740,402
offset most compressive effects of oxide formation (col. 8, ll.
44-47). The two recipes taught by Leedy are for dielectric
membranes of silicon dioxide or silicon nitride (col. 11, ll.
14-16, emphasis added). Leedy further teaches that these free
standing membranes may be used as lithographic masks, preferably
made from oxide and nitride low stress dielectrics (col. 38, ll.
4-14). The examiner has not presented any factual basis for the
findings that Leedy demonstrates the combination of silicon
nitride and silicon oxide as hard mask materials, nor that even
such combination would produce an oxynitride with stresses
within the ranges recited in claim 1 on appeal (see the Brief,
page 10).
Additionally, we note that both Bohlen and Leedy teach
reduction of mechanical tensions in the mask system by
depositing layers on both sides of the silicon frame substrate
to produce compensatory tensions (see Bohlen, col. 4, ll. 4-15;
col. 6, ll. 24-31; col. 10, ll. 61-66; and col. 12, ll. 42-44;
see Leedy, col. 8, ll. 44-47). Accordingly, the examiner has
failed to present any reason, suggestion or motivation for
combining these references as proposed, i.e., why would one of
ordinary skill in the art substitute the hard mask material of
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