Appeal No. 2000-1057 Application 09/016,100 form a hardmask over a conductive layer followed by deposition of a layer of refractory material over the hardmask and conductive layer and, thereafter, reacting to form a silicide at a surface of the conductive layer except under the hardmask as required by the claims. Id., pages 4 and 5. 3. Removing the hardmask According to the examiner, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified Grewal’s method by removing the patterned hardmask, as this eliminates a multilayer mask during etching thereby resulting in reduced processing time. Examiner’s Answer, page 4. Appellants argue that: In Grewal, the hard mask 16 is used as a mask for both the silicide and conductive layer etching. (One benefit of the claimed invention is [to, sic] avoid having to etch both the silicide and conductive layers.) In Hayashi, a resist mask is used for etching the silicon dioxide layer 25 and the conductive amorphous layer 24. (Another benefit of the invention is reducing the formation of polymers by eliminating the presence of photoresist during the etch of the conductive layer.) Both references retain the hard mask during the etch of the conductive layer. Appeal Brief, page 5, lines 8-15. For each of the above-identified differences between the invention and the prior art, the examiner has provided 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007