Ex Parte Her et al - Page 2




                    Appeal No. 2003-1092                                                                                                                                  
                    Application No. 09/692,730                                                                                                                            


                    adequately illustrated by independent claim 2 which reads as                                                                                          
                    follows:                                                                                                                                              
                              2.  A chemical-mechanical polishing slurry for use in                                                                                       
                    removing a barrier layer during the fabrication of a damascene                                                                                        
                    structure comprising an amount of an agent selected from the group                                                                                    
                    consisting of lysine and arginine sufficient to suppress the rate                                                                                     
                    at which an underlying silicon-containing dielectric layer is                                                                                         
                    removed by at least about 50% as compared to the rate at which said                                                                                   
                    underlying silicon-containing dielectric layer would be removed if                                                                                    
                    said agent was not present in said slurry.                                                                                                            
                    The references set forth below are relied upon by the Examiner                                                                                        
                    as evidence of obviousness:                                                                                                                           
                    Grumbine et al. (Grumbine)                                           6,136,711                     Oct. 24, 2000                                      
                                                                                         (filed May 29, 1998)                                                             
                    Kaisaki et al. (Kaisaki)                                             6,194,317                     Feb. 27, 2001                                      
                                                                     (effective filing date Jun 24, 1998)                                                                 
                              All of the claims on appeal stand rejected under 35 U.S.C.                                                                                  
                    § 103(a) as being unpatentable over Kaisaki in view of Grumbine.                                                                                      
                    On page 4 of the answer, the Examiner expresses his obviousness                                                                                       
                    conclusion in the following manner:                                                                                                                   
                                                  Since Kaisaki is concerned with a                                                                                       
                                        polishing slurry having lysine to polish TiN                                                                                      
                                        layer while suppressing the removal rate of the                                                                                   
                                        underlying dielectric layer, one skilled in the                                                                                   
                                        art would have found it obvious to modify                                                                                         
                                        Kaisaki slurry by using a sufficient amount of                                                                                    
                                        lysine in a slurry as taught by Grumbine                                                                                          
                                        especially because Grumbine states that his CMP                                                                                   
                                        exhibits desirable low polishing rate towards                                                                                     
                                        the dielectric insulating layer (col 9, lines                                                                                     
                                        49-51).                                                                                                                           


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