Appeal No. 2001-2244
Application No. 09/625,144
NH4OH, CH3 NH2, C2H5 NH2, C3 H8 NH2. The carbon-oxygen gas can comprise CO, CO2,
HCOOH, HCOH, CH3COOH, CH3OH and mixtures thereof. (Col. 2, l. 62 to col. 3, l. 4).
An inert gas, such as argon, capable of being activated by the plasma to sputter material
from the substrate can also be added to the process gas to further enhance etch rates and
provide anisotropic etching.
The Examiner asserts, based on the teachings of Bosch and Ding, that CHF3 and
C2H4F2 are equivalent and contain similar etching characteristics. Thus, the Examiner
concludes the performance of the process of Bosch using a fluorohydrocarbon gas
comprising C2H4F2 as taught by Ding would have been obvious to a person of ordinary skill
in the art. (Answer, p. 4).
We do not agree. The combination of Bosch and Ding does not render the subject
matter of independent claims 1, 8, 18, 19 and 22 obvious. As stated above, Bosch discloses
that developing plasma etching process is unpredictable. Both Bosch and Ding describe
specific plasma etching systems that do not contain similar components. While we
recognize that Ding equates CHF3 and C2H4F2, this does not indicate that they are also
equivalent in the Bosch process. The Examiner has not directed us to evidence which
indicates that the use of C2H4F2 in the process of Bosch would provide the etching of doped
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