Ex parte KERBER - Page 11




          Appeal No. 1999-2576                                                        
          Application 08/836,960                                                      

          on the exposed parts of the base layer at the bottom of the                 
          holes, after which the silicon nitride layer at the bottom of               
          the holes is converted to silicon oxide and removed using a                 
          fluoride type solution.  Transl.                                            
          at 6-7.  The next step, shown in Figure 2(c), is to deposit                 
          the polysilicon film 108 of which polysilicon layers 108a and               
          108b will be formed.                                                        
               Inasmuch as Yorikane fails to disclose forming a silicon               
          nitride diffusion barrier layer between the base layer and its              
          associated polysilicon layer, as required by claim 1, the                   
          question is whether it would have been obvious in view of                   
          Yorikane to replace McFarlane's diffusion barrier layer 18b                 
          with a layer of silicon nitride.  However, even assuming for                
          the sake of argument that such a substitution would have been               
          obvious, we agree with Appellant that the references                        
          collectively fail to suggest making the silicon nitride layer               
          thin enough to allow charge carriers to pass therethrough.                  
          Nor is this an inherent result of combining the teachings of                
          McFarlane and Yorikane in the foregoing manner.  Whereas                    
          Appellant's silicon nitride layer is "typically about 2 nm"                 
          (Specification at 3, l. 6), which is equivalent to about 20 D,              

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