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. 11Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007