Appeal No. 2000-1057
Application 09/016,100
BACKGROUND
The invention relates to a method for fabricating
an integrated circuit. Appeal Brief, Paper No. 8, received
April 20, 2000, page 2, Summary of the Invention. According to
the method, a conductive layer is selectively etched using a
silicide as a mask, thereby avoiding the need for a photoresist
and reducing the formation of unwanted polymers. Id. In
addition, use of the silicide mask avoids the need to etch
through both a silicide layer and a conductive layer. Id.
DISCUSSION
The initial burden of presenting a prima facie case of
obviousness rests on the examiner. In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). In determining
whether an invention is obvious, the examiner must consider:
(1) the scope and content of the prior art; (2) the differences
between the prior art and the claimed invention; (3) the level of
ordinary skill in the art; and (4) any objective considerations
that may be present. Graham v. John Deere Co., 383 U.S. 1,
17-18, 148 USPQ 459, 466-67 (1966). To establish a
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