Ex Parte BLALOCK et al - Page 18




          Appeal No. 1999-2347                                                        
          Application 08/892,560                                                      

          Although not expressly (or, at least, not clearly) stated in the            
          rejection, it is apparently the Examiner's position is that with            
          these three material layers, the negative limitation of "without            
          forming non-conductive back-sputtered compounds on sidewalls of             
          said via" would be inherently met because no back-sputtering is             
          mentioned.  Appellants' position is that none of the references             
          suggest overcoming the problem of metal sputtering during oxide             
          via etching and, so, do not suggest the negative limitation of              
          "without forming non-conductive back-sputtered compounds on                 
          sidewalls of said via" even if combined as suggested by the                 
          Examiner.                                                                   
               The basic flaw in Appellants' arguments is the failure to              
          recognize that Erie expressly discloses that the barrier layer 18           
          (etch stop layer) must be kept thin to allow it to be removed               
          rapidly before the aluminum metallization interconnect is etched            
          to avoid sputtering of aluminum oxide (col. 2, line 65 to col. 3,           
          line 8).  Thus, Erie specifically discusses etching to avoid the            
          problem of sputtering of the metal layer.                                   
               Appellants argue (Br13-14) that the Ti xOy dielectric barrier          
          in Erie is used to "permit rapid removal ... in this region                 
          without substantial effect on an underlying dielectric layer"               
          (col. 2, lines 62-64) and "[t]hus, Erie et al. does not recognize           
          the problem of metal sputtering during oxide via etching" (Br14).           
          However, Appellants refer to the paragraph in Erie before the               

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