Ex Parte McKinnell - Page 5



         Appeal No. 2006-2218                                                       
         Application No. 10/029,649                                                 
         Merchant, on the other hand, describes cleaning of the wafer               
         surface prior to bonding as unnecessary (Merchant, col. 5, ll.             
         30-35) implying that bonding still takes place even if the                 
         cleaning step is not performed.  The bonding alloy that includes           
         the oxide affinity material can then remove the oxide when the             
         cleaning step is not performed and native oxide is present.  As            
         argued by the Examiner (Answer 14), the metal layer 62 of                  
         Terasawa is sufficient to remove a native oxide from the bonding           
         interface between the substrates since the metal layer is made of          
         Au-Sb alloy which has an affinity for oxygen higher than that of           
         silicon (Terasawa, col. 5, ll. 12-21).                                     
              We also observe that a composition ratio or the amount of             
         the oxide affinity material in the bond structure for the gold             
         alloy, as argued by Appellant (Br. 19), is not described in                
         Appellant’s Specification.  Therefore, to the extent disclosed,            
         any combination ratio of Au-Sb specified by the references is              
         capable of removing the native oxide on the silicon substrate              
         interface.                                                                 
              Based on our analysis above, we remain unpersuaded by                 
         Appellant’s arguments that the Examiner erred in determining the           
         obviousness of the claimed subject matter.  Accordingly, as the            
         Examiner has established a prima facie case of obviousness with            
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