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 -3-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007