Appeal No. 2004-1741
Application No. 09/466,440
Second, as noted by appellant, the examiner has not
established that those of ordinary skill in the art would have a
reasonable expectation that a prior art process (Cheung) for
etching a molybdenum silicide layer with a particular combination
of gases could be successfully utilized to etch a tungsten silicide
layer. The fact that molybdenum and tungsten silicide are used
alternatively in the manufacture of semiconductor devices (Kun-Yu)
does not establish an equivalence for the purpose of etching layers
of those materials.
Applying an “obvious to try” standard is not a sufficient
basis for establishing obviousness under 35 U.S.C. § 103. Here,
the examiner has failed to establish, by resort to either objective
evidence or sound technical reasoning, that there would have been a
reasonable expectation of success in applying a particular process
for etching molybdenum silicide to selectively etch a tungsten
silicide layer on a substrate.
For the foregoing reasons, the decision of the examiner is
reversed.
4
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007