Appeal No. 2002-0818
Application No. 09/075,854
controlling the etch to deposition ratio during the deposition of
the sacrificial, or polishing, layer in order to substantially
etch away the angled facets of the oxide layer.
Recognizing the deficiency of Jain '854, the examiner relies
upon Wang '631. However, although Wang discloses controlling the
etch to deposition ratio of the deposited silicon oxide layer in
accordance with the height and spacing between conductive,
metallurgy lines, Wang controls the ratio in order to form voids
in the silicon dioxide dielectric layer. Wang, like Jain '854,
provides no teaching or suggestion of controlling the ratio such
that the facets of the oxide layer are substantially etched away.
While Figures 3 and 4 of Wang '631 depict the mathematical
relationship between deposition rate, etching rate and angle of
the facet, the most that might be said is that one of ordinary
skill in the art could have performed the claimed deposition of
the sacrificial layer based on this known relationship.
Manifestly, what could have been done by one of ordinary skill in
the art is not the standard for determining obviousness under
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