Ex Parte CHEN et al - Page 11



          Appeal No. 1998-2671                                                        
          Application No. 08/480,543                                                  

          meeting all of the requirements of appealed claim 10.  In this              
          regard, we reject as being unfounded Appellants’ argument that no           
          teaching exists in the prior art to provide enough refractory               
          metal to form an alloy to fill the contact hole opening.  The               
          thickness of the refractory metal layer 32 of Schilling is                  
          disclosed at column 2, line 60 as being 1800-2000 angstroms                 
          thick, or within the 100-3000 angstrom range contemplated by                
          Appellants for their refractory layer (Specification, page 8).              
               Since, for all of the above reasons, it is our opinion that            
          the Examiner’s prima facie case of obviousness remains unrebutted           
          by any persuasive arguments from Appellants, the Examiner’s 35              
          U.S.C. § 103 rejection of representative claim 10, as well as               
          dependent claims 3, 9, and 18 which fall with claim 10, is                  
          sustained.                                                                  
               Turning to a consideration of the obviousness rejection of             
          separately argued representative dependent claim 11, and claims             
          12 and 13 dependent thereon, directed to the formation of a                 
          refractory metal compound layer underneath the deposited                    
          refractory metal layer, we sustain this rejection as well.  Our             
          review of Schilling indicates a clear disclosure of a refractory            
          metal compound layer (platinum silicide layer 30) formed under              
          refractory metal layer 32.                                                  
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