Appeal No. 2001-2540
Application No. 09/240,395
would appear that the skilled artisan would have been led away
from using the boride layer of Thomas as a barrier layer in Lur.
Moreover, it is clear from Thomas that the boride layer
therein is being used as a barrier to stop silicon diffusion from
below (e.g., column 12, lines 23-25). Accordingly, we find no
suggestion to the artisan to somehow employ such a layer in Lur
where the interest is in minimizing the diffusion of fluorine
atoms from the tungsten silicide layer down to the gate oxide
layer.
Since, in our view, Thomas would lead the artisan away from
using a transition metal boride barrier layer in Lur, we find
appellants’ argument sufficient to overcome the examiner’s prima
facie case and we will not sustain the rejection of claims 1-21
under 35 U.S.C. 103.
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