Ex Parte Ko et al - Page 3




            Appeal No. 2001-2244                                                                              
            Application No. 09/625,144                                                                        


                                              CITED PRIOR ART                                                 
                   As evidence of unpatentability, the Examiner relies on the following references:           
            Bosch et al. (Bosch)                  5,626,716                  May 06, 1997                     
            Ding et al.  (Ding)                   5,814,563                  Sep.  29, 1998                   
                   The Examiner rejected claims 1 to 13 and 18 to 27 under 35 U.S.C.                          
            § 103(a) as obvious over the combination of Bosch and Ding. (Answer, p . 3).                      
                                                 DISCUSSION                                                   
                   We have carefully reviewed the claims, specification and applied prior art, including      
            all of the arguments advanced by both the Examiner and Appellants in support of their             
            respective positions.  This review leads us to conclude that the rejection of claims 1 to 13      
            and 18 to 27 is not well founded.  Our reasons appear below.                                      
                   Bosch discloses a dry etching process that is primarily designed to etch a layer of a      
            doped oxide of silicon, such as a boron-phosphorus doped silicate glass (BPSG) or                 
            BPTEOS, not only more readily than the undoped form, but also more readily than silicon           
            nitride.  Bosch employs an improved gaseous medium for plasma etching.  Specifically,             
            Bosch employs a mixture of CHF3 (Freon 23) and neon (Ne), preferably in the ratio by              
            volume of about eight parts neon to 1 part Freon 23 as the gaseous medium.  (Col. 2, ll. 34 to    
            44).  Bosch discloses that developing plasma etching process is unpredictable.                    


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