Appeal 2006-3363
Application 10/873,363
provides a barrier to moisture, oxidation, and corrosive agents (see, e.g., col. 5/ll.
1-4 and fig. 5).” Answer p. 7. The Examiner finds that “[t]he difference between
the cap layers of the first and second processes is that in the first process the first
layer of the dielectric cap 45 is an insulating barrier and in the second process it is
a conductive etch stop barrier layer (see, e.g., col. 5/ll.55-58 and col.5/ll.67-
col.6/ll.2).” Answer pp. 7-8. Further, the Examiner does not find that Tehrani
teaches that the first layer extends everywhere the dielectric cap is shown. Answer
p. 8. The Examiner summarizes:
Appellants' conclusion that the etch stop barrier layer is not on the
sidewalls of the bit is not described by Tehrani. What is clearly described by
Tehrani is the fact that the first layer of the cap layer 45 completely seals the
bit 41 (see, e.g., co1.5/ll.4-8), and that in the second process, this first layer
is CrSi, which is the same conductive etch stop barrier material of the
claimed invention (see, e.g., col. 5/ll.55-58 and co1.5/ll.67-co1.6/ll.2).
Answer p. 10.
Thus, the issue before us is whether there is substantial evidence to support
the Examiner’s finding that Tehrani teaches “a magneto-resistive bit having a top
surface and side walls; a conductive etch stop barrier layer encapsulating the top
surface and side walls of said bit” as recited in claim 1.
FINDINGS OF FACT
1. Tehrani teaches a method of fabricating giant magneto-resistive
(GMR) devices on a substrate with a semiconductor device formed
thereon. The method includes forming a cap on the GMR cell to
seal the cell and provide a barrier to subsequent operations.
Abstract.
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