Appeal No. 2005-2276
Application No. 09/734,467
OPINION
For the reasons set forth below, these rejections cannot be sustained.
On pages 4-5 of the answer, the examiner supports his finding of obviousness with
respect to appealed claim 1 as follows:
Kawakubo et al teach a method that comprises providing a prestructured
substrate 1;
Applying to the prestructured substrate a precious metal 13 to serve as a
bottom electrode; and
Polishing the precious metal 13.
See, for example, Figs. 48 [sic] to 4D and 6 and accompanying text.
However, Kawakubo et al do not teach that the bottom electrode is formed
by applying a precious metal and a donor material and subjecting the layers to a
heat treatment.
Azuma et al teaches a method for forming a bottom electrode that
comprises forming a Ti or Ta (donor material) layer 34 followed by forming a Pt
(precious metal) layer 36; subjecting the layers to heat treatment at a temperature
of between approximately 450°C and approximately 1000°C (col. 8, lines 37-40),
such that the Ti or Ta layer 34 diffuses into the Pt layer and an alloy layer 38 is
produced, wherein the thickness of the donor material is selected such that during
heat treatment the donor material essentially diffuses completely into the precious
metal (col. 5, lines 11-14). See Fig. 1 and accompanying text.
It would have been obvious to a person of ordinary skill in the art at the
time the invention was made to modify the method disclosed by Kawakubo et al
by forming the bottom electrode using the method taught by Azuma et al because
a person of ordinary skill in the art at the time the invention was made would have
been motivated to use the method taught by Azuma et al in order to form a bottom
electrode that adheres well to the underlying layers and does not have short-
inducing surface irregularities (see Azuma et al, col. 1, lines 53-59).
The claimed invention must be considered as a whole, and the question is whether there
is something in the prior art as a whole to suggest the desirability, and thus the obviousness, of
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