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 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007