Appeal No. 1999-2512
Application No. 08/888,499
frequency power sources produce advantageous results for the
deposition of silicon dioxide in high aspect ratio substrates
(Answer, page 10). From these findings, the examiner concludes
that it would have been obvious to use the technique of producing
plasma taught by Chebi in the process of Nishiyama for the
desirable results achieved with high aspect ratio substrates (id.).
We agree.
Appellant concedes that microwave power sources were known at
the time of the present invention (Brief, page 8) but argues that
Chebi is not directed to depositing a fluorine-containing silicon
dioxide layer, nor using TEOS and a halogen-containing gas as
precursors (Brief, page 7). Appellant's argument is correct but
not persuasive. As found by the examiner, the process of Chebi is
directed to the same purposes as appellant's process, namely
deposition of silicon dioxide from precursor gases where spacing
between wires is very small, i.e., where the aspect ratio is high
(Answer, page 10). Accordingly, we determine that it would have
been well within the ordinary skill in this art to use other well
known power sources to create a plasma, as shown by Chebi, in the
process of Nishiyama, with a reasonable expectation of success.
See In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir.
1991).
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