Ex parte GAMBINO et al. - Page 6


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


          art would have been motivated to make this substitution to the              
          process of Yu et al. because of the teaching of Rao et al. that             
          glass reflowing smooths [sic, smoothes] the profile of the glass            
          and leads to higher production yields."  (Id.)                              
               The problem with the examiner's analysis, however, is that             
          Yu '843 obtains a flat surface without the need for reflowing               
          any dielectric layer.  As we discussed above, Yu' 843 teaches               
          that a flat surface is obtained by modifying the polishing rate             
          of selected areas.  Furthermore, Rao is directed to a method                
          unrelated to a CMP process as described in Yu '843.                         
          Specifically, Rao describes controlling the profile of an                   
          interlevel dielectric prior to a reflowing step.  (Column 2,                
          lines 42-45.)  According to Rao, the interlevel dielectric is               
          deposited to a thickness significantly greater than needed, and             
          then etched back to the desired thickness.  (Column 2, lines 45-            
          47.)  The reflowing step in Rao is said to profile the contact              
          hole sidewalls and smooth out the profile of the dielectric                 
          interlevel over a patterned stack 24 as shown in Figure 2.                  
               Here, the examiner has not pointed to any disclosure in Rao            
          even hinting that the reflowing step can be used in lieu of the             
          process steps described in Yu '843 for the purpose of                       
          eliminating scratches following the CMP process, much less any              


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