Appeal No. 2004-1888
Application No. 09/477,126
the dielectric layer also comprises a variety of materials
including any suitable spin-on glass dielectric layer (see lines
26-35 in column 13 of Chiang). Because the dielectric layer of
Sugahara also is a spin-on glass dielectric layer (see lines 7-10
in column 1 and lines 25-43 in column 3), we concluded that the
combined teachings of these references would have suggested
replacing Sugahara’s silicon nitride etch stop layer with a
silicon carbide etch stop layer of the type taught by Chiang
based on a reasonable expectation that the silicon carbide would
function successfully as an etch stop layer adjacent spin-on
glass dielectric layers including the particular spin-on glass
dielectric layer of Sugahara.
In this last mentioned regard, it is the appellants’
contention that:
Chiang, et al.’s listing of a wide variety of both
dielectric layers and etch stop layers is not
sufficient to provide a reasonable expectation of
success that a particular one of the named etch stop
layers, i.e., silicon carbide, would function
successfully with a particular one of the named
dielectric layers, i.e., any suitable spin-on glass
[Request, page 2].
Significantly, the appellants proffer no support for this
position. On the other hand, Chiang’s disclosure of a wide
variety of both dielectric layers and etch stop layers, itself,
evinces that those having an ordinary level of skill in this art
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