Ex parte TSAI et al. - Page 4




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


          trichloride, the examiner has not established why one of                    
          ordinary skill in the art would have considered Cote's etchant              
          composition for tungsten to be suitable for the silicon oxide               
          etchable layer of Huang.  Moreover, as emphasized by                        
          appellants, Cote actually teaches a plasma gas mixture                      
          comprising chlorine gas and oxygen as the etchant composition               
          which provides "a combination of high tungsten etch rate, high              
          etch selectivity to silicon oxide, and an anisotropic etch                  
          profile" (column 4, lines 66-68).  Indeed, Cote gives no                    
          indication that an etchant comprising an oxygen containing gas              
          and boron trichloride is even a non-preferred embodiment of                 
          the invention.  While Cote teaches that chlorine-based plasmas              
          reduce the non-uniformity problem and undercut problem of                   
          fluorine-based plasmas, the reference also discloses that "the              
          other chlorine-based chemistries provided a fairly low                      
          tungsten to BPSG etch rate ratio . . . [and] the maximum                    
          tungsten etch rate achieved by these chlorine-based plasmas                 
          was on the order of 600 angstroms per minute" (column 5, lines              
          40-45).  Consequently, we find that Cote fails to teach the                 
          use of the claimed etchant composition for tungsten, let alone              
          the silicon oxide material of Huang.  Moreover, Cote only                   
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