Ex Parte HSIA et al - Page 7



          Appeal No. 2000-1057                                                        
          Application 09/016,100                                                      


                    Hayashi’s silicide process takes place after                      
                    the gate electrode has been deposited,                            
                    patterned and etched.  Refractory metal 27 is                     
                    not used to silicide any portion of the gate                      
                    electrode.  Refractory metal 27 is only used                      
                    to silicide the surface of the substrate.                         
                    Hayashi does not disclose or suggest to one                       
                    of ordinary skill in the art reacting                             
                    refractory metal with a portion of a                              
                    conductive layer prior to etching the                             
                    conductive layer.                                                 
          Appeal Brief, page 4, lines 18-23.                                          
                2.  Reversing the Order of the Refractory Metal Layer                 
                                  and the Hardmask                                    
                    According to the examiner, it would have been obvious             
          to have reversed the order of deposition of the refractory metal            
          and hardmask in view of Hayashi’s teaching of depositing a                  
          refractory metal over a reverse hardmask.  Examiner’s Answer,               
          page 4.  The motivation for doing so is that “the hard mask will            
          protect a portion of the underneath layer from reacting with the            
          metal layer to form metal silicide.”  Id.                                   
                    Appellants argue that “Hayashi uses a silicon nitride             
          layer to protect one layer while forming silicide at another                
          layer.”  Appeal Brief, page 4.  The silicide is not formed at the           
          surface of the conductive layer as required by the claims, but is           
          formed at the surface of the substrate.  Id.  Appellants urge               
          that this disclosure does not provide a teaching or suggestion to           
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