Ex Parte Chen et al - Page 5




               Appeal No. 2005-2014                                                                        Παγε 5                  
               Application No. 09/792,737                                                                                          


               the Examiner asserts that the claimed thickness of 2 nm would have been obvious to a                                
               person of ordinary skill in the art because the purpose of the layer is to prevent the                              
               diffusion of atoms from one material into another and thus the thickness is a result                                
               effective variable.  (Answer, p. 5).  The Examiner cites the Hong reference for teaching                            
               that the claimed thickness for a barrier layer is recognized by persons of ordinary skill in                        
               the art.  Hong discloses the thickness can range from 10-300 Angstroms (1-30 nm) (col.                              
               4, ll. 32-35).  A person of ordinary skill in the art would have sufficient skill to determine                      
               the appropriate thickness required to prevent the diffusion of atoms into adjacent layers.                          
               The Appellants have not directed us to evidence which establishes that the claimed                                  
               thickness provides unexpected results.                                                                              
                       Appellants argue that Nogami is not combinable with Simon or other art using                                
               TaN liners because Nogami strongly teaches against the use of tantalum-containing                                   
               material, such as the claimed TaN, as a barrier material because of its tendency to                                 
               oxidize.  (Brief, p. 3).  Appellants also argue that Nogami is silent on using ALD and                              
               does not provide motivation to use the claimed thickness for the barrier layer.  (Brief, pp.                        
               3-4).                                                                                                               
                       Appellants’ arguments are not persuasive.  A person of ordinary skill in the art                            
               would have recognized the properties associated with using a barrier layer comprising                               
               Ta component.  Just because a reference discloses a disadvantage to using a particular                              
               component for the described invention does not prevent a person of ordinary skill in the                            








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