Ex Parte DONOHOE et al - Page 2




            Appeal No. 2003-0642                                                                       
            Application No. 09/382,584                                                                 


                  placing said substrate containing said layer of material                             
            with said defined etching pattern into a reactive chamber;                                 
                  introducing an etching gas into said chamber;                                        
                  providing a power to said substrate to induce an etching                             
            plasma in said gas which etches said opening in said layer of                              
            material; and                                                                              
                  changing the operating parameters of said reactive chamber                           
            during etching of the opening in said layer of material, such                              
            that material is deposited at a first position of said opening                             
            which has a first aspect ratio while a second position of said                             
            opening having a second aspect ratio is continuously etched,                               
            wherein said first aspect ratio is different from said second                              
            aspect ratio.                                                                              
                  The examiner relies upon the following references as                                 
            evidence of obviousness:                                                                   
            Nulty et al. (Nulty)                   5,468,342               Nov. 21, 1995               
            Hashemi et al. (Hashemi)               5,478,437               Dec. 26, 1995               
                  Appealed claims 1-35, 75 and 76 stand rejected under                                 
            35 U.S.C. § 112, first paragraph, enablement requirement.  Claims                          
            75 and 76 stand rejected under 35 U.S.C. § 112, first paragraph,                           
            description requirement.  In addition, claims 1-35, 75 and 76                              
            stand rejected under 35 U.S.C. § 103 as being unpatentable over                            
            Nulty in view of Hashemi.                                                                  
                  We have thoroughly reviewed the respective positions                                 
            advanced by appellants and the examiner.  In so doing, we find                             
            that the examiner's rejections under § 112, first paragraph, and                           



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