Ex Parte SIMON et al - Page 7




                 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.                                                                                                                       
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