Appeal No. 2001-2203
Application No. 09/007,949
results in Si atoms being diffused into a metal layer 56. This
diffusion, however, in contrast to the language of appealed claim
1, is from a silicon layer 55 to the metal layer 56, not from a
first metal layer to a second metal layer as claimed. Similarly,
the disclosure at column 19, lines 1-45 in Lee describes an
embodiment in which diffusion of Si atoms is from a refractory
metal silicide layer 95 into metal layer 97, not from a first metal
layer into a second metal layer as claimed.
In our view, the most relevant passage in Lee cited by the
Examiner is column 15, lines 43-60 which describes the embodiment
illustrated in Lee’s Figure 13. A first conductive layer is formed
by depositing a first metal layer 35 with a Si component followed
by a second metal layer 36 with no Si component. During heat
treatment, Si atoms from layer 35 are diffused into layer 36 and
the resultant heat treatment formed layer 37 fills contact hole
opening 33 as illustrated in Figure 13. It is apparent to us,
however, that to whatever extent Lee’s disclosed diffusion could be
considered as forming a “substantially continuous concentration
diffusion gradient” between layers 35 and 36, the layer 36 does not
correspond to Appellants’ second metal layer as claimed. As set
forth in appealed claim 1, the second metal layer requires a
planarized surface over the top surface of an insulating layer and
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