Appeal No. 2001-0776 Application 09/276,043 Appellants argue that claim 1 requires, among other steps, the steps of forming a thin layer of silicon over the underlying layer wherein the silicon layer has a thickness less than 5 nm, and then nitriding this thin layer of silicon to form silicon nitride layer less than the tunneling thickness of the silicon nitride layer, as part of the process of adhering tungsten to an underlying layer (brief, page 3). On page 4 of the brief, appellants also argue that Contreras has nothing whatsoever to do with the problem of adhesion, and therefore any combination with Contreras is improper. Firstly, we note that the reason or motivation provided in the prior art does not have to be the same as that of the applicants to establish obviousness. See In re Kemps, 97 F.3d 1427, 1430, 40 USPQ2d 1309, 1311 (Fed. Cir. 1996). Hence, we disagree with appellants’ position that the combination is improper because Contreras “has nothing whatsoever to do with the problem of adhesion”. With regard to the teaching of the tunneling thickness recited in step (c), we find that Suehiro teaches that to prevent the reaction of tungsten with silicon, a reaction inhibiting film may be interposed between a polycrystalline silicon layer and a refractory metal layer. Suehiro refers to a Kokai publication as an example for disclosing that a silicon nitride film effectively prevents a molybdenum layer from reacting with a polycrystalline layer. Suehiro indicates that this publication teaches that the silicon nitride film should desirably have a thickness ranging from 1 nm to 5 nm in order to allow a tunnel current to flow between the molybdenum layer and the polycrystalline silicon layer. See column 2, lines 12-22. Hence, we agree with the examiner that Suehiro teaches the aspect of forming a silicon 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007