Ex Parte Chien et al - Page 3




              Appeal No. 2006-0291                                                                                       
              Application No. 09/820,692                                                                                 


              Liu et al. (Liu)                6,451,703 B1       Sep. 17, 2002                                           
              (filed Mar. 10, 2000)                                                                                      
              Demmin et al. (Demmin)          6,635,185 B2       Oct. 21, 2003                                           
              (filed Dec. 31, 1997)                                                                                      

                     The claims on appeal stand rejected under 35 U.S.C. § 103(a) as unpatentable                        
              over Liu in view of Schmitt, as also evidenced by Demmin, Tahara, and Loewenstein                          
              (Answer, page 3).  Based on the totality of the record, we affirm the rejection on appeal                  
              essentially for the reasons stated in the Answer, as well as those reasons set forth                       
              below.                                                                                                     
              OPINION                                                                                                    
                     The examiner finds that Liu discloses a method of etching a dielectric layer with                   
              selectivity to an underlying stop layer where the semiconductor substrate is supported in                  
              a plasma etch reactor, with an etchant gas of a hydrogen-free fluorocarbon being                           
              supplied to the plasma etch chamber through a showerhead at pressures between 25                           
              millitorr (mT) and 70 mT (Answer, pages 3-4).  The examiner further finds that Liu                         
              teaches use of a capacitively coupled plasma reactor including an upper showerhead                         
              electrode and a bottom electrode (a magnetically enhanced reactive ion etch (MERIE)                        
              plasma reactor)(id.).  The examiner finds that Liu differs from the claimed invention by                   
              not specifying a “dual frequency” capacitively coupled plasma reactor (Answer, page 4).                    
              Therefore, the examiner applies Schmitt as evidence that a dual frequency capacitively                     
              coupled plasma reactor, including an upper showerhead electrode and a bottom                               
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