Ex Parte EVANS - Page 5



          Appeal No. 2005-1220                                                        
          Application No. 09/270,606                                 Page 5           

          at a higher rate than the low structure areas such that the                 
          planarization described is achieved.  Kodera does not describe              
          using a dummy structure2 in the embodiment depicted in Figures 19           
          E and 19 F, which is consistent with the dummy structure                    
          exclusion of claim 1.                                                       
               Moreover, Kodera teaches that other appropriate materials              
          may be employed in the cerium oxide polishing slurry and that the           
          use of a cerium oxide polishing slurry in accordance with the               
          method depicted in Figures 19 E and 19 F, as described in the               
          specification, results in solving problems earlier identified in            
          the specification.  See column 23, lines 1-33 of Kodera.  Given             
          that disclosure of Kodera and the teachings of Grover and Burke             
          with respect to using other additives including dispersion aids             
          in a CMP slurry employing cerium oxide, we agree with the                   
          examiner (answer, page 8) that it would have been obvious to one            
          of ordinary skill in the art at the time of the invention to                
          employ a slurry modifier in the CMP slurry of Kodera.  In this              
          regard, Grover teaches using additives such as other abrasives,             
          acids and surface active dispersing agents and Burke teaches that           
          adding a surfactant or suspension agent, including ethylene                 
               2 Appellant defines a dummy structure as structures that               
          “are used for the sole purpose of controlling the CMP rate”                 
          (specification, page 1, lines 14-16).                                       





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