Ex Parte JANG et al - Page 6




                Appeal No. 2001-0430                                                                                                     
                Application No. 08/697,699                                                                                               


                        Ngo discloses that a conventional wattage of 1000 watts or a reduced wattage of 500 watts                        
                may be used in a PECVD process for forming silicon dioxide (Abstract; column 1, lines 24 through                         
                28; column 3, lines 7 through 26).                                                                                       
                        In view of the teachings of Dawson, Machida, Jain and Ngo, the obviousness rejection of                          
                claims 1, 2, 4 through 6, 8 through 10 and 24 based upon the combined teachings of these references                      
                is reversed because we agree with appellants’ argument (brief, page 19) that neither of these                            
                references provides “ a disclosure of optimizing a radio frequency power . . . when forming a                            
                conformal dielectric layer within a gap filling sandwich composite dielectric layer construction.”                       
                        With respect to the obviousness rejections of claims 1, 2, 4 through 6, 8 through 10 and 24                      
                based upon the combined teachings of Dawson, Kocmanek and Cain, and either Machida or Jain or                            
                alternatively the same combination of teachings with the additional teachings of Ngo, the above-                         
                noted shortcomings in the teachings of these references negate any suggestion or motivation for                          
                combining the teachings and suggestions of the references.  Accordingly, the obviousness rejections                      
                of these claims are reversed.                                                                                            




                                                               DECISION                                                                  
                        The decision of the examiner rejecting claims 1, 2, 4 through 6, 8 through 10 and 24 under                       
                35 U.S.C. § 103(a) is reversed.                                                                                          
                                                               REVERSED                                                                  
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