Appeal No. 2005-2014 Παγε 7
Application No. 09/792,737
TaN layer would have been recognized by a person of ordinary skill in the art. A person
of ordinary skill in the art would have reasonably expected that the TaN layer of Simon
could have been applied by the techniques disclosed by Lim, including ALD. "For
obviousness under § 103, all that is required is a reasonable expectation of success."
In re O'Farrell, 853 F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988).
Appellants argue that “it is general knowledge that a thicker barrier is more
effective than a thinner barrier.” (Brief, p. 5). Appellants also argue “the 2nm limit is not
a mere optimization for a result effective variable, as argued by the examiner, . . .
Instead, the 2nm limit represents the new found feasibility of an effective ultra-thin
barrier layer grown by ALD. Such feasibility has not previously been demonstrated.”
(Reply Brief, p. 2).
While it may be true that a thicker layer is more effective than a thinner layer, a
person of ordinary skill in the art would have sufficient skill to determine the appropriate
thickness of a barrier layer so as to prevent the atoms from transferring to an adjacent
layer. In the present case, the Examiner has established a prima facie case of
obviousness because the cited prior art discloses ranges for suitable barrier layers
which encompass the claimed thickness. Cf. In re Peterson, 315 F.3d 1325, 1329 (Fed.
Cir. 2003). (When an invention, defined by a range, is encompassed by the prior art a
prima facie case of obviousness exists. arises when the ranges of a claimed
composition overlap the ranges disclosed in the prior art.) When the Examiner has
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