Ex parte MEHTA - Page 6




          Appeal No. 1999-2683                                                         
          Application 08/754,564                                                       

               overlying material being etched, its etch rate being                    
               sufficiently lower so that the etch stop layer is                       
               substantially unaffected during any necessary overetch.                 
               Appellant also provides an addendum to the declaration of               
          Mr. Mehta (Paper No. 16) which states that "the relative etch                
          rate difference between CVD oxide [layer 24] and SOG [layer 26               
          in Tsu] is approximately 2:1 or less" (para. 5) based on U.S.                
          Patent 5,173,151, issued December 22, 1992, to Namose, which                 
          was cited by the Examiner.  Mr. Mehta further declares                       
          (para. 6):                                                                   
                    6.  To the best of my knowledge on information and                 
               belief, for both the structures in Tsu and in the present               
               invention, a minimum etch rate difference of 4:1 between                
               the ILD and the underlying layer is required to                         
               effectively use the underlying layer as a via etch stop                 
               layer.  It is well known in the art that standard dry                   
               etch processes provide an etch rate selectivity of at                   
               least 4:1 for silicon dioxide over silicon nitride.                     
          Mr. Mehta also states (para. 7) that it was well known in the                
          art to use CVD layers (such as CVD oxide layer 24 in Tsu) as                 
          chemical barriers to prevent contact between SOG and materials               
          such as resist and metal, citing the reference by Chu et al.                 
          (Chu), Spin-on-Glass Dielectric Planarization for Double Metal               
          CMOS Technology, Proc. 1986 VMIC Conference, pp. 474-483.                    
               Appellant explains that it is necessary to overetch, that               
          is, to employ an etch for a period longer than the calculated                
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