Ex Parte ALBRECHTA et al - Page 5


          Appeal No. 1998-3401                                                        
          Application No. 08/495,277                                                  


          Kumar's teaching that the conductive material may be planarized             
          by chemical-mechanical polishing or wet etching.  (Column 3,                
          lines 39-46.)                                                               
               Realizing that Kumar does not describe step (e) as recited             
          in the appealed claims, the examiner relies on the teachings of             
          Dull to account for this difference.  Regarding Dull, the                   
          examiner states:                                                            
               Dull discloses that cupric chloride is a known etchant                 
               for copper (claim 1), and that such a composition                      
               provides for a slow etch rate in order to precisely                    
               form close tolerances (col. 2, lines 48-52).  The                      
               etchant of Dull is the same as that used by applicants                 
               as their "low-reactive solution" and thus is expected                  
               to behave similarly, i.e., form a film barrier that                    
               substantially inhibits further removal of the                          
               conductive material.  [Examiner's answer, p. 4.]                       
               The examiner then concludes:                                           
               It would have been obvious to use the etchant of Dull                  
               in a method similar to Kumar et al because Dull teaches                
               that it provides for a slow etch rate that gives close                 
               tolerances...The method of the combination of Kumar et                 
               al and Dull inherently initially removes a surface                     
               portion of the conductive material and forms a film                    
               barrier that inhibits any further removal of the                       
               conductive material because the same etchant and                       
               process steps are used.  It would have been obvious to                 
               one with ordinary skill in the art to disrupt the film                 
               barrier to thereby stimulate removal of additional                     
               surface portion and formation of additional barrier                    
               solution until the desired height is achieved in the                   
               modified method of Kumar et al in order to make the                    
               etching process effective.  [Id.]                                      
               In responding to the appellants' argument (e.g., appeal                




                                                                                     
          thereby stimulating removal of additional surface portions and              
          formation of additional film barrier."                                      

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