Ex Parte BLALOCK et al - Page 27




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

               Appellants make one argument on the merits.  It is argued              
          that Balda does not teach the limitations of claim 29 (Br29), but           
          no explanation is provided.                                                 
               The limitations of claim 29 are taught by or would have been           
          obvious over Figs. 5 and 6 of Balda.  Figure 5 shows depositing a           
          silicon nitride protection layer 50 over a metal layer 48.                  
          Figure 6 shows etching the silicon nitride layer 50 and metal               
          layer 48 to form a silicon nitride cap on the metal pad.  This              
          structure is covered by an insulating layer (Fig. 7) and                    
          subjected to a two-step etching process (Figs. 8 & 9).  While the           
          metal layer 48 is not directly on the substrate, the limitation             
          of claim 21 of "a substrate having a metal pad" does not require            
          the pad to be directly on the substrate.  In any case, however,             
          Balda teaches forming the etch stop layer as a conformal layer              
          (Figs. 2-4) or as a cap (Figs. 5-9) and it would have been                  
          obvious to use either method on a metal pad in contact with the             
          substrate.  Thus, we conclude that claim 29 would have been                 
          obvious over Barber, Erie, Kim, and Balda.  The rejection of                
          claim 29 is sustained.                                                      









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