Appeal No. 2001-1090
Application No. 09/477,821
annealing step of the in-laid Cu, whereas Nogami clearly discloses a step of making the in-laid Cu
“co-planar with” the surface of the dielectric layer subsequent to the annealing step of the in-laid Cu
(brief, pages 13, 14 and 16; answer, page 4).
The secondary reference2 to Chow was cited by the examiner because it teaches “a
planarization step following the deposition of a metal into a damascene (Fig. 5 & 6),” and the
secondary reference to Chiu was cited by the examiner because it teaches “a process wherein a
conductive layer may be formed and wherein an alloying material may be selectively deposited or
patterned over the conductive layer before the annealing step (col. 1, lines 5-20)” (answer, page 4).
Based upon the teachings of these references, the examiner opines that “[i]t would have been
obvious to one having ordinary skill in the specific art to pattern the metal before the alloying step
and to selectively deposit the alloying material, since the applicant has [sic, applicants have] not
disclosed that patterning the metal before the alloying step solves any stated problem or is for any
particular purpose and it appears that he [sic, the] invention would perform equally well with the
alloying step being performed first.”
As indicated supra, appellants have recognized and solved the same problem recognized and
solved by Nogami, albeit via differently ordered process steps. Notwithstanding Nogami’s alloying
before planarization steps, the teachings of Nogami, or any other evidence of record presented by
way of either Chow or Chiu, do not offer proof that it would have been obvious to one of ordinary
2 We assume that the secondary reference to Kondo was cited for its relevance to the
“hydrogen plasma” in dependent claim 13.
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