Ex Parte TENCH et al - Page 8




                Appeal No. 2002-0730                                                                                        8                  
                Application No. 09/410,250                                                                                                     


                                          Rejection under Section 102(b) over Dubin                                                            
                In contrast to the electrolytic solution of the first embodiment, claim 15 is directed                                         
                to, A>a process for electroplating copper circuitry in trenches and vias in dielectric material                                
                on semiconductor chips.=@  See Brief, page 9.                                                                                  
                In order for a claimed invention to be anticipated under 35 U.S.C. ' 102(b), all of                                            
                the elements of the claim must be found in one reference.  Scripps Clinic & Research                                           
                Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir.                                                 
                1991).  The examiner relies upon a reference to Dubin to reject the claimed subject                                            

                matter and establish a prima facie case of anticipation.                                                                       
                Dubin is directed to a method of filling an opening in a dielectric layer by                                                   
                electroplating copper therein.  See column 1, lines 5-7.  A leveling agent which is an                                         
                organic additive is employed in the invention.  See column 6, lines 15-23.  The presence                                       
                of the leveling agent results in the electroplating solution plating at the bottom of the                                      
                opening and thereafter sequentially to the top of the opening.  See column 6, lines 46-49.                                     
                The copper is supplied as a copper sulfate solution with chloride anions present to improve                                    
                anode dissolution.  It is appellants= position that chloride ion, although present in the                                      
                solution, is not present in a sufficient amount to form a complex ion with the copper as                                       
                required by the claimed subject matter.  We agree.  Although Dubin clearly discloses that                                      
                some chloride ion is present in the copper sulfate solution in the presence of sulfuric acid, it                               







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