Ex Parte WANG et al - Page 5



          Appeal No.2003-2001                                                         
          Application No. 09/345,173                                                  
          step to form field oxide regions (thicker silicon oxide regions).           
          Chung employs a wet etching step (hot phosphoric acid bath) to              
          remove the remaining nitride/poly stack while maintaining the               
          thickness and integrity of field oxide regions and a pad oxide              
          region.  See column 2, line 46 through column 3, line 23 of                 
          Chung.                                                                      
               The examiner acknowledges (answer, page 3) that Chung does             
          not describe using a breakthrough etch step or a descumming step            
          as required by appellants’ claims.                                          
               The examiner turns to Cher for allegedly teaching and                  
          suggesting the claimed breakthrough etch step.  In this regard,             
          the examiner (answer, page 3) takes the position that:                      
                    Cher teaches [a] method for anisotropically                       
               etching the polysilicon having a first breakthrough                    
               etch using a fluorocarbon etchant (col. 4, line[s] 30-                 
               35).  It would have been obvious at the time of the                    
               invention for one skill[ed] in the art to modify Chung                 
               in light of Cher because Cher teaches that the                         
               breakthrough etch would remove the oxide on the poly                   
               before the main etch.                                                  
          The examiner (answer, page 6) further explains that:                        
                    [a]s described by Chung, the HF dip is done before                
               forming and etching the nitride layer and the                          
               breakthrough etch, described by Cher, is done right                    
               before the actual etching of the polysilicon is carried                
               out.                                                                   
               As for the claimed descumming step, the examiner asserts,              
          at pages 3 and 4 of the answer, that:                                       

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