Ex parte TSAI et al. - Page 3




          Appeal No. 2000-1810                                                        
          Application No. 09/148,556                                                  


          comprising an oxygen containing gas and boron trichloride.                  
          The method finds utility in preparing microelectronic                       
          fabrications.                                                               
               Appealed claims 1-15 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Huang in view of Cote.                           
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we concur with appellants that the                     
          examiner has not established a prima facie case of obviousness              
          for the claimed method.  Accordingly, we will not sustain the               
          examiner's rejection for essentially those reasons expressed                
          in the principal and reply briefs on appeal.                                
               The examiner appreciates that although Huang discloses                 
          the methodology of the claimed method, Huang is silent with                 
          respect to the etchant compositions.  Accordingly, the                      
          examiner relies upon Cote for demonstrating that it was known               
          in the art to use a gaseous etchant comprising boron                        
          trichloride.  However, blanket plasma etchable layer 52 or 62               
          of Huang is a silicon oxide material, whereas the etchable                  
          layer of Cote is tungsten or a tungsten alloy.  Hence, even                 
          assuming for the sake of argument that Cote discloses a                     
          gaseous etchant comprising an oxygen containing gas and boron               
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