Ex Parte HSIA et al - Page 8



          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                  
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