Ex Parte Tang et al - Page 7


         Appeal No. 2004-0633                                                       
         Application No. 10/011,198                                                 


         the brief, appellants state that Ito addresses a “stud up”                 
         structures that extends upward from an interconnect.  Appellants           
         state that in contrast, Yu focuses on how its metal-2 line must            
         extend downward toward the drain of Yu’s substrate.  Appellants            
         state that Ito touts the benefits of a damascene process used to           
         form an interconnect.  Appellants state that this is yet another           
         conflict with Yu.  At the bottom of page 10 of the brief,                  
         appellants state that Ito criticizes the non-damascene method of           
         forming wiring and a projection as resulting in different resist           
         layer thicknesses.  At the top of page 11 of the brief,                    
         appellants state that, to the contrary, it is a non-damascene              
         process that Yu proposes in forming its metal-2 line, a                    
         component that is arguably analogous to Ito’s wiring.                      
              On pages 4-5 of the answer, the examiner’s position is that           
         Ito basically sets forth the subject matter of claims 31-331,              
         except that Ito does not expressly teach using the multilayer              
         structure within a memory structure, which is a limitation of              
         claim 31.  The examiner relies upon Yu for disclosing memory               
         cells of a random access memory that utilize multilayer wiring             
         to connect to underlying field effect transistors.  Answer, page           
         4.  Appellants also do not dispute the examiner’s findings with            
         regard to Yu (that Yu establishes that is generally known in the           
         art to use multilayer wirings in making electrical connections             
         to random access memory).                                                  
              In view of the above, it is the examiner’s position that              
         the multilayer wiring structure of Ito is suitable for a random            
         access memory.  Thus, the teachings relied upon by the examiner            
         do not involve interchanging one of the process steps of Ito               
         with one of the process steps of Yu, for example, such that the            
                                                                                    
         1 Appellants do not dispute these findings made by the examiner.           

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