Ex Parte YAU et al - Page 2



          Appeal No. 2004-1888                                                        
          Application No. 09/477,126                                                  
               on the finding that the combined teachings of Chiang,                  
               et al. and Sugahara provide a reasonable expectation of                
               success for using silicon carbide as an etch stop layer                
               adjacent spin-on glass dielectric layers generally as                  
               taught by Chiang, et al. including the particular spin-                
               on glass dielectric layer of Sugahara [Request, page                   
               2].                                                                    
               More specifically, it is the appellants’ contention that:              
               The Board errs in finding that Chiang, et al. suggests                 
               that each etch stop layer is suitable for each                         
               dielectric layer.  Chiang et al. does not suggest which                
               etch stop layers are suitable for spin-on glass layers.                
               The only specific combination of dielectric and etch                   
               stop layers that is taught by Chiang, et al. is the                    
               combination of silicon dioxide and silicon nitride as                  
               claimed by Chiang, et al.  Aside from Chiang, et al.’s                 
               teaching of adjacent silicon dioxide and silicon                       
               nitride layers, Chiang, et al. does not provide any                    
               guidance as to which etch stop layers are suitable for                 
               specific dielectric layers [Request, page 2].                          
               This contention is not well taken.  Initially, it is                   
          appropriate to clarify that we do not consider Chiang to suggest            
          that each and everyone of the etch stop layers disclosed therein            
          is suitable for each and everyone of the dielectric layers                  
          disclosed therein, as indicated in the first sentence of the                
          appellants’ aforequoted contention.  Instead, we simply find that           
          Chiang teaches using an etch stop layer adjacent a dielectric               
          layer wherein the etch stop layer comprises a variety of                    
          materials including the silicon nitride layer used by Sugahara as           
          well as the silicon carbide layer claimed by the appellants (see            
          the paragraph bridging columns 14 and 15 of Chiang) and wherein             
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