Appeal No. 2001-0228 Application No. 09/116,612 plasma etch method employing an etchant gas composition which upon plasma activation forms a chlorine containing species, Kolar does specifically discloses [sic, disclose] that the sequential etch of the tri-layer can be carried out using a plasma etching process to etch all layers (col 3, lines 17- 18) [page 6 of Answer, last paragraph]. Our reading of Kolar does not correspond to the examiner's understanding. Specifically, Kolar discloses that "[t]he sequential etch can be carried out using a plasma etching process to etch all layers, or alternatively, the etching can be carried out by a combination of plasma etching and liquid chemical etching" (column 3, lines 17-22). In our view, a reasonable interpretation of the Kolar disclosure is that the operation can be carried out either by plasma etching, alone, or in combination with liquid chemical etching, but not that the plasma etching can be performed via a single plasma etching step, as required by the appealed claims. As recognized by the examiner, although Huang employs only plasma etching, the operation entails three sequential plasma etching steps. Hence, there is simply no teaching or suggestion in either reference to perform the etching operation with a single plasma etch method. In addition, we also note that Kolar does not disclose etching a composite -4-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007