Ex Parte Paton et al - Page 4



         Appeal No. 2006-1231                                                       
         Application No. 10/180,686                                                 

         50-200A nickel layer (col. 6, line 52 - col. 7).  The iridium              
         typically is present in the NiSi at less than 15 atomic percent            
         (col. 7, lines 3-7).                                                       
              Cabral discloses a semiconductor device having an M-Si-Ge             
         alloy layer wherein the Ge, which is one of the appellants’                
         additional materials, is present in an amount of about 2-10                
         atomic percent (¶¶ 0001 and 0038).  In an example the Ge is                
         present at 5 atomic percent (¶ 0067).                                      
              The appellants’ sole argument is that none of the references          
         teaches that the disclosed material which corresponds to the               
         appellants’ additional material is present in an amount that               
         causes formation of a first metal silicide to be energetically             
         favored over formation of a second metal silicide (brief,                  
         pages 8-16).                                                               
              The appellants are incorrect as to Maa who uses an atomic             
         percentage of Ir in NiSi (less than 15 at%, col. 7, lines 3-7)             
         that is essentially the same as that of the appellants (less than          
         about 15 at%, specification, page 3, lines 1-4), and teaches that          
         if the Ir forms a silicide having a structure similar to that of           
         NiSi, one might expect that those silicides can form a mutual              


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