Ex parte HSIN-CHUAN et al. - Page 9




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


          are removed using chemical mechanical polishing (CMP) (col. 3,              
          lines 22-25).  However, we find that Zheng provides no                      
          teaching or suggestion, at any stage of the process, that                   
          relates to the claimed step of curing the SOG of which a                    
          partially remaining residue over the shallow trench in the                  
          larger area serves as a protection mask.                                    
               We agree with Appellants that Zheng’s relative etching                 
          rate during the step of etching back is different from                      
          Appellants’ claim 1 requiring a higher etching rate for oxide               
          compared to that of SOG.  We find that during etching back of               
          oxide and SOG layers, Zheng requires that “the etch                         
          selectivity of spin-on-glass to HDP oxide is 1:1" (col. 3,                  
          lines 17 and 18), which indicates the same etching rate for                 
          both the oxide and the SOG layers.  We remain unpersuaded by                
          the Examiner’s arguments that the criticality of the higher                 
          etching rate or “how high” the “higher” etching rate needs to               
          be are not clearly defined in the disclosure.  Appellants                   
          clearly require that the etching rate of the oxide be higher                
          than that of the SOG (specification, page 5).  We further                   
          disagree with the Examiner that changing the etch rate as                   
          disclosed by Zheng is routine optimization and obvious since                
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