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, itPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007