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 9Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007