Appeal No. 2006-0783
Application No. 10/396,164
Anticipation under this section is a factual determination. See In re Baxter
Travenol Labs., 952 F.2d 388, 390, 21 USPQ2d 1281, 1283 (Fed. Cir. 1991) (citing In re
Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir. 1990).
In the case before us, the Examiner has determined that Pu discloses, expressly or
inherently, a process for fabricating a semiconductor device structure that meets every
limitation of the invention set forth in the appealed claims. We agree for reasons set forth
in the final rejection, answer and below.
Independent claim 9 is directed to a process that includes exposing selected
regions of a layer or structure that comprises doped silicon dioxide to an etchant
comprising C2HxFy, where x is an integer from 3 to 5, inclusive, y is an integer from 1 to
3, inclusive, and x + y = 6. The etchant etches the doped silicon dioxide layer or structure
at a faster rate than another layer or structure comprising undoped silicon dioxide. Pu
describes a process for etching a dielectric layer with selectivity over an underlying layer
or substrate. Pu explains that the dielectric layer may comprise phosphosilicate glass
(PSG) (undoped silicon dioxide), borophosphosilicate glass (BPSG) (doped silicon
dioxide), or a multi-layered structure including a sublayer of either PSG or BPSG on a
silicon dioxide sublayer. Pu teaches the structure may be exposed to a fluorocarbon
containing etchant. Pu teaches C2H4F2 is a suitable fluorocarbon etchant. (Col. 6, l.1).
Thus, the description in Pu that C2H4F2 is a suitable fluorocarbon etchant would have
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