Ex parte MEHTA - Page 7




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

          time to etch a given thickness, to accommodate variable                      
          thickness and etch rate non-uniformity to ensure complete                    
          removal of material (Br6) and since oxide layer 24 in Tsu                    
          is not specified to be an etch stop, it would not have an etch               
          selectivity high enough to remain unaffected during via                      
          overetch (Br8).                                                              

          Analysis                                                                     
               The problem of oxide overetch in making borderless                      
          (unframed) contacts or vias was known in the prior art, as was               
          the general solution of using "etch stop" dielectrics to                     
          prevent the etching from undercutting the underlying metal                   
          pattern.  See Pimbley et al., VLSI Electronics Microstructure                
          Science - Vol. 19,(Academic Press, Inc. 1989), pp. 74, 95;                   
          Jang et al., U.S. Patent 5,840,624, issued November 24, 1998,                
          filed March 15, 1996 (copies attached).  The secondary                       
          reference to Kalnitsky addresses the problem of overetching                  
          and is arguably a much stronger reference than Tsu.  However,                
          the Examiner has elected to use as a primary reference the Tsu               
          patent which does not address the problems of misaligned vias                
          or overetching.  We address the rejection as stated by the                   
          Examiner, rather than some rejection we could create out of                  
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