Ex parte GAMBINO et al. - Page 5


          Appeal No. 1999-2115                                                        
          Application No. 08/724,574                                                  


          in selected areas (e.g., areas that tend to be dished after the             
          conventional CMP process) so that the polishing rate in these               
          areas is altered (e.g., by modifying the area through a plasma              
          nitridation process to create a material more resistant to                  
          polishing, thereby decreasing the polishing rate so that the                
          dishing is eliminated).  (Column 2, line 63 to column 3, line               
          4.)  Alternatively, where large height differences exist in the             
          surface to be planarized, Yu '843 teaches modifying the higher              
          area through an ion implantation process to create a material               
          less resistant to polishing, thereby increasing the polishing               
          rate so that the overall surface is flat.  (Column 3, lines 4-              
          10.)                                                                        
               The examiner admits that Yu '843 does not teach the step of            
          removing scratches formed on a dielectric layer during the CMP              
          step, as recited in independent claim 1 on appeal.  (Examiner's             
          answer, page 7.)  In an attempt to account for this difference,             
          the examiner relies on the teachings of Rao.  According to the              
          examiner, Rao "teach[es] reflowing boron and phosphorus doped               
          glass during integrated circuit chip manufacture...and teaches              
          the benefits of the glass reflowing step."  (Id.)  The examiner             
          then concludes that "[i]t would have been obvious to...reflow               
          the glass of Yu..." and that "[o]ne of ordinary skill in this               


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