Appeal No. 1998-2405
Application 08/351,093
a stream of hexacarbonyl metal vapor toward the substrate in
the area irradiated by the ion beam (col. 1, line 37 - col. 2,
line 3).
Jelks discloses forming a molybdenum oxide etch mask by
scanning a substrate with a laser in the presence of
molybdenum hexacarbonyl, and then using the mask when plasma
etching an underlying polyimide layer (col. 3, lines 19-62).
The examiner argues that Jelks would have provided one of
ordinary skill in the art with a reasonable expectation of
success in reducing steps, time and equipment by using Kaito’s
method to form Seki’s film (answer, page 6). The examiner,
however, has not established that one of ordinary skill in the
art would have reasonably expected Kaito’s ion beam method to
produce a film having a resistance to plasma etching which is
similar to that of a film produced by Jelks’ laser method.
Thus, the examiner has not carried the burden of establishing
a prima facie case of obviousness of the claimed invention.
Accordingly, we reverse the rejection over Seki in view of
Jelks and Kaito.
Rejection over Tanemura in view of
Franke, Nakagawa, Ozaki and Takahashi
7
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