Appeal No. 2001-1118 Application 09/262,690 suggestion, the applicants need not present additional evidence as to the electrical or capacitive potential of the overlap. The Examiner initially bears the burden of establishing a prima facie case of anticipation or obviousness based upon the prior art. Here, the examiner has failed to sufficiently demonstrate that Chakravorty meets the “substantially removed” feature as defined in the applicants’ specification, by explaining why the first liner layer overlap taught in Chakravorty is insufficient to significantly effect the electrical and capacitive potential of the final via structure. Based on the record before us, Chakravorty teaches an overlap that is significant to ensure good electrical contact with the underlying seed layer. As the seed layer is apparently part of the final structure of the via, such electrical contact between the seed layer and the liner layer would significantly effect the electrical and capacitive potential of the final via structure. The examiner fails to provide a contrary explanation, and therefore we cannot sustain the rejection of claims 11-27. Independent claims 18 and 23 and dependent claims 15, 19-22 and 24-27 were rejected based on the combination of Chakravorty and Hoshino. The examiner relies on Hoshino to teach a specific TaN/Ta liner layer, and not to teach the “substantially removed” feature of the first liner layer. Consequently, as applied by the examiner, Hoshino does not make up for the deficiencies of Chakravorty. For dependent claim 12, the examiner relies on Nakajima to teach a first layer of semiconductor material and not to teach the “substantially removed” feature of the first liner layer. As applied by the examiner, Nakajima does not make up for the deficiencies of Chakravorty. 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007