Ex parte HSIN-CHUAN et al. - Page 7




          Appeal No. 2000-1587                                                        
          Application 09/055,254                                                      


          partial etch back as well as the following curing step to                   
          convert the remaining SOG to a protection mask (brief, page 5               
          and reply brief, page 2).                                                   
               In response to Appellants’ arguments, the Examiner argues              
          that “Zheng forms the SOG, partially etches it, and then                    
          further etches by CMP” whereas Wolf “describes conventional                 
          practice for baking/setting [the] SOG and then baking/curing                
          [it] at a higher temperature” (answer, page 7).  The Examiner               
          concludes that Zheng, although silent on curing, “could not                 
          complete the CMP step without the conventional practice of                  
          baking and curing [of the SOG]” (answer, page 7).  With                     
          respect to the relative etch rate of oxide and SOG, the                     
          Examiner asserts that criticality of this feature was not                   
          indicated by Appellants and therefore, any small deviation                  
          from the selectivity of 1:1 is routine optimization and meets               
          the claimed limitation (answer, page 8).                                    


               Initially, we note that the Examiner indicates the                     
          following features as missing in Zheng: how the silicon oxide               
          and silicon nitride layers of the hard mask are formed; the                 
          high temperature cure of the SOG and specifying a range for                 
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