Ex Parte Ohmori - Page 8



               Appeal 2005-2100                                                                                                    
               Application 09/826,038                                                                                              
               Both Appellant and our dissenting colleague views the types of etching steps that                                   
               are conducted before and after a measurement is taken as an unobvious feature of the                                
               claimed invention.  We do not agree, for the following reasons.                                                     
               The use of etching for active area definition, gate recess etching, and waveguide                                   
               formation is well recognized by persons of ordinary skill in the art in the field of                                
               compound semiconductor processing.  Kirk Othmer, Encyclopedia of Chemical                                           
               Technology, vol. 21 (4th ed., 1997) p. 798.  According to the reference, wet etching                                
               can provide a clean, damage-free surface with good control of both etch depth and                                   
               lateral undercut.  Id.  The reference discloses one advantage of wet etching over dry                               
               etching is the absence of subsurface damage that is common with dry etching.  Metal                                 
               contacts placed on wet-etched surfaces exhibit more ideal characteristics than dry-                                 
               etched surfaces.  Kirk, p. 800.  The reference further discloses that for certain                                   
               applications dry etching has gained popularity over wet etching because of its                                      
               increased control of etch profiles, attaining submicrometer features and the ability to                             
               introduce in situ monitoring capabilities into a dry-etch system.  Id.  Most wet etches                             
               are isotropic which may limit their usefulness in high aspect ratio submicrometer                                   
               applications where straight wall profiles are required.                                                             
                       We reiterate that Appellant admits the following steps have been known in the                               
               art:  (1) etching step, (2) dimension of the film acquired, and (3) etching step.  That is,                         
               as discussed, supra, Appellant’s admitted prior art on page 1 of the specification                                  
               involves an etch step (type not specified), followed by measuring the thickness of the                              
               film, followed by another etch step (type not specified).  A feed back technique is used                            
               rather than a feed forward technique.                                                                               


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