Appeal No. 2003-1269
Application 09/041,913
deposition rate (abstract; col. 5, lines 40-41; col. 6, lines 1-
65). Because the entire layer has the same composition and the
layer has uniform thickness, it reasonably appears that the layer
has uniform intrinsic properties such as sheet resistivity and
dielectric constant.
The appellants argue that “Lee teaches a process by which
the thickness of layers on different substrates are more
consistent with one another” (brief, page 18). This argument is
not convincing because Lee discloses applying the process for
obtaining layer thickness uniformity to “one or more wafers”
(col. 6, line 19).
The appellants argue that Lee and Parker are combinable only
by hindsight in view of the appellants’ application (brief,
page 18). It reasonably appears that the disclosure by Lee of
increasing or decreasing the temperature during deposition would
have fairly suggested, to one of ordinary skill in the art, the
subject matter of the appellants’ claims 1, 6 and 8. Regarding
claim 19, Lee’s disclosure that the deposition is uniform
(col. 6, lines 8-9) would have fairly suggested, to one of
ordinary skill in the art, monitoring the growth pattern of the
layer, including the initial growth pattern, to make sure that
the desired deposition uniformity is being obtained. As for
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