Ex Parte HSU et al - Page 4



         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              
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