Ex Parte BUIE et al - Page 3




          Appeal No. 2002-0453                                                        
          Serial No. 08/686,229                                                       
          Takeshi Shiga et al. (Shiga), “An On-Line Differential Converter,           
          for Obtaining the First Derivative of Absorption Spectra”,                  
          44 Anal. Biochem. 291-97 (1971).                                            
          Abdel-Aziz M. Wahbi et al. (Wahbi), “Ratios of First-derivative             
          Maxima and Compensated Derivative Absorption Curves”, 111 Analyst           
          777-80 (1986).                                                              
                                    THE REJECTION                                     
               Claims 1, 3, 4 and 6-8 stand rejected under 35 U.S.C. § 103            
          as being unpatentable over Schoenborn in view of Sherwood, Shiga            
          and Wahbi.                                                                  
                                       OPINION                                        
               We reverse the aforementioned rejection.  We need to address           
          only the sole independent claim, i.e., claim 1.                             
               The appellants’ claim 1 claims a method for measuring                  
          uniformity of a surface of a wafer as a result of an etching                
          process, and requires that a uniformity value representing the              
          uniformity of the surface of the wafer is generated.                        
               Schoenborn discloses a “method for determining the                     
          uniformity of etch rate during plasma processing of production or           
          test wafers in single wafer etchers” (col. 13, lines 9-12), and             
          teaches (col. 3, lines 22-32):                                              
                    According to the invention, plasma emission                       
               intensity is monitored during etching, at a particular                 
               wavelength, and is correlated to remaining thickness of                
               a film being etched.  In this manner, it can be                        
               determined when one or more known film thicknesses                     
               remain over a substrate.                                               

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