Ex Parte HILLYER et al - Page 3




              Appeal No. 2002-1415                                                                                      
              Application No. 09/141,812                                                                                

                     Claims 3, 13, and 15 have been canceled.                                                           
                     We refer to the Final Rejection (Paper No. 10) and the Examiner’s Answer                           
              (Paper No. 16) for a statement of the examiner’s position and to the Brief (Paper No.                     
              15) and the Reply Brief (Paper No. 17) for appellants’ position with respect to the claims                
              which stand rejected.                                                                                     


                                                       OPINION                                                          
                     At the outset, we note that appellants do not contest the rejections of claims 20                  
              through 28, effectively withdrawing the appeal as to those claims.  “Claims 20-28 will                    
              not be the subject of this appeal brief.”  (Brief at 2.)  Accordingly, the appeal as to                   
              claims 20 through 28 is dismissed.                                                                        
                     Claims 1, 2, 4, 6, 8-12, 14, and 19, containing all the remaining independent                      
              claims, have been rejected under 35 U.S.C. § 103 over the combined teachings of                           
              Molloy and Savas.  The rejection (Answer at 3-4) relies on Molloy as disclosing a                         
              process for forming a via in an insulating layer so as to uncover a metal layer.  Molloy                  
              teaches that both a photoresist layer (col. 1, ll. 49-62) and photoresist residues that                   
              may remain at via holes (col. 2, ll. 15-30) must be removed when etching vias in                          
              integrated circuit devices.  The rejection refers to column 4, lines 28 through 50 of                     
              Molloy as teaching bombarding a wafer surface with a mixture of gases that may                            
              include oxygen, but the reference is deemed to not disclose the mixing of ammonia with                    


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