Ex Parte Wang - Page 2




              Appeal No. 2006-0293                                                                                       
              Application No. 10/071,809                                                                                 


                     Representative independent claim 1 is reproduced below:                                             
                     1. A method comprising, etching a metal silicide layer during fabrication of an                     
              integrated circuit in a Cl2/02 environment having an 02 concentration of greater than or                   
              equal to 25% by volume,                                                                                    
                     wherein the Cl2/02, environment is provided at a pressure of approximately 2-40                     
              mili-Torr, and wherein the etching is a metal silicide etch that is selective to poly-silicon              
              with a ratio of etch rates of at least 30.                                                                 

                     The examiner has relied upon the following references as evidence of                                
              obviousness:                                                                                               
              Tsai                      5,880,033          Mar. 09, 1999                                                 
              Langley et al. (Langley), “One-Chamber Polycide Sandwich Etching,” Semiconductor                           
              International, pp. 95-97, October 1989.                                                                    
                     Appellant relies upon the following reference as evidence of non-obviousness:                       
              Nojiri et al. (Nojiri), J. Vac. Sci. Technol., B14(3), May/June 1996, pp. 1791-1795.                       
                     Claims 1, 3-12, 14, 15, 21 and 27 stand rejected under                                              
              35 U.S.C. § 103(a) as unpatentable over Tsai (Answer, page 3).  Claims 22, 23 and 25                       
              stand rejected under 35 U.S.C. § 103(a) as unpatentable over Tsai in view of Langley                       
              (Answer, page 4).  We reverse both rejections on appeal essentially for the reasons                        
              stated in the Brief and those reasons set forth below.  Pursuant to our authority under                    
              37 CFR § 41.50(a)(1)(2004), we also remand this application to the examiner for action                     
              consistent with our remarks below.                                                                         
              OPINION                                                                                                    

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