Ex Parte Hu et al - Page 5



          Appeal No. 2005-0998                                                        
          Application No. 10/054,605                                                  

          materials prevent diffusion more effectively and can be used to             
          form an ultra-thin diffusion barrier (col. 1, ll. 66-col. 2, l.             
          4; col. 5, ll. 19-23).                                                      
               Second, with regard to the rejections involving Zhao                   
          (rejections 4 and 5 above), we again note appellants’ stipulation           
          that, for each rejection, all of the involved claims stand or               
          fall together.  Thus, we need only consider claim 5 (with regard            
          to rejection 4) and claim 8 (with regard to rejection 5).                   
               With regard to both claim 5 and claim 8, we agree with the             
          examiner that it would have been prima facie obvious within the             
          context of 35 U.S.C. § 103 to anneal the metal-phosphide barrier            
          layer of Dubin or the metal-boron barrier layer of Lee, each                
          having the thickness suggested by Hong, to obtain improved                  
          electrical properties as suggested by Zhao (col 3, ll. 30-5).               
          Additionally, we agree with the examiner that it would have been            
          prima facie obvious within the context of 35 U.S.C. § 103 to                
          modify the specific annealing conditions disclosed by Zhao (col.            
          8, ll. 63-65) in order to optimize the resulting characteristics            
          of any particular barrier layer/conductor construct.  In re                 
          Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).                    



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