Ex Parte SCHONAUER et al - Page 9



          Appeal No. 2002-1992                                                        
          Application 09/206,170                                                      
          surface contamination the [sic, that] results in the formation of           
          copper dendrites (application page 3 lines 20-30).”  Grieger,               
          however, does not disclose the amount of dielectric material                
          which is removed by his method,4 and does not mention copper                
          dendrites.  Thus, contrary to the examiner’s argument, Grieger              
          does not disclose surface dielectric material removal which                 
          reduces formation of copper dendrites.  The examiner has not                
          provided evidence or technical reasoning which shows that Grieger           
          removes an amount of dielectric material which is sufficient to             
          prevent the formation and/or growth of Cu or Cu alloy dendrites             
          from the lines into the dielectric layer or to reduce such                  
          formation by any amount which reasonably can be considered                  
          substantial.                                                                
               For the above reasons we conclude that the examiner has not            
          carried the burden of establishing a prima facie case of                    
          obviousness of the methods recited in the appellants’ independent           
          claims 1 and 17.  Accordingly, we reverse the rejection under               
          35 U.S.C. § 103 of these claims and dependent claims 3, 6-9, 11-            
          14 and 18-22.                                                               

               4                                                                      
               4 Grieger’s table 1 presents the results of a study of the             
          relative rates at which his etchant removes silica and BPSG, but            
          Grieger does not disclose either the treatment time used in his             
          method or the amount of dielectric removed by that method.                  
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