Ex Parte ALIEU et al - Page 2




          Appeal No. 2004-0605                                                        
          Application 09/411,129                                                      


          removing the sacrificial layer to form the air-filled region.               
          Claim 23 is illustrative:                                                   
               23. A process for producing at least one air-filled region             
          between a pair of conductive elements of an integrated circuit,             
          comprising the steps of:                                                    
               depositing a sacrificial layer consisting essentially of               
          polycrystalline germanium in at least one region between the pair           
          of conductive elements; and                                                 
               removing the polycrystalline germanium to form the at least            
          one air-filled region between the plurality of conductive                   
          elements.                                                                   

                                   THE REFERENCES                                     
          Iranmanesh et al. (Iranmanesh)      5,302,551      Apr. 12, 1994            
          Fitch et al. (Fitch)                5,324,683      Jun. 28, 1994            
                                    THE REJECTION                                     
               Claims 13-30 stand rejected under 35 U.S.C. § 103 as being             
          unpatentable over Fitch in view of Iranmanesh.                              
                                       OPINION                                        
               We reverse the aforementioned rejection and remand the                 
          application to the examiner.  Regarding the rejection, we need to           
          address only the independent claims, i.e., claims 13, 22 and 27.            
               Each of the appellants’ independent claims requires that a             
          polycrystalline germanium sacrificial layer is deposited in a               
          region between a pair of conductive elements in an integrated               
          circuit and is removed to form an air-filled region.                        
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