Ex Parte Dostalik et al - Page 4




          Appeal No. 2006-0473                                                        
          Application 10/430,558                                                      

          underlining issue in this appeal inherently relates to product-             
          by-process limitations relating to this dual damascene feature.             
          Without evidences from the appellants to the contrary, the final            
          structure produced by dual damascene is still a via or a trench             
          filled with a metal.                                                        
               Even the column 1 discussion of Lim indicates that it was              
          known in the art that a single copper layer may be deposited in             
          both a via and a connective line trench as depicted in prior art            
          figures 1 through 3 of that reference.  Most simply expressed at            
          column 2, lines 43 through 46 of Lim, is a method of forming dual           
          damascene interconnects whereby the first copper layer of the               
          vias can be used as a seed layer for the subsequent deposition of           
          a second copper layer into the upper interconnect trenches. This            
          is emphasized in the remaining portions of the Summary of The               
          Invention, for example, in two respects.  The paragraph bridging            
          columns 2 and 3 relates to the first embodiment shown in figure 4           
          through 14 of Lim where it is emphasized at lines 17 through 21             
          of column 3 that a single deposition of copper is also a part of            
          Lim’s invention.  The same may be said of the second embodiment             
          in figures 18 through 23, which is summarized in the paragraph              
          beginning at the middle of column 3, with emphasis on similar               
          statement made at lines 56 through 60 indicating again that a               
          single deposition of copper is made.  These statements clearly              
          make the teachings of Lim in a dual damascene environment, as               
          argued by the examiner.                                                     


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