Ex Parte Liu et al - Page 5

            Appeal 2006-3363                                                                                 
            Application 10/873,363                                                                           

                   2. After the underlying semiconductor device is fabricated, a                             
                            dielectric system, item 32, is formed over the semiconductor                     
                            device.  Col. 3, ll. 60-62.                                                      
                   3. This dielectric system 32 provides a smooth surface to deposit the                     
                            GMR material and has properties to provide a barrier for moisture                
                            and oxidation.  Col. 4, ll. 5-11, 20-24.                                         
                   4. A layer of GMR material is formed on top of dielectric system 32                       
                            and formed into a magnetic memory cell.  Col. 4, ll. 36- 44.                     
                   5. A dielectric cap is formed over the magnetic memory cell.  Col. 4,                     
                            l. 67 – col. 5, l. 4.                                                            
                   6. Tehrani states “[c]ap 45 is provided to seal GMR memory element                        
                            41 and provide a barrier to moisture, oxidation, and corrosive                   
                            agents for subsequent operations and permanent use.  Dielectric                  
                            cap 45 includes at least one barrier layer which, in conjunction                 
                            with the barrier properties of dielectric system 32 beneath GMR                  
                            memory elements 41, seals elements 41 in a substantially complete                
                            barrier.”  Col. 5, ll. 1-8.                                                      
                   7. From this disclosure, we find that one skilled in the art would                        
                            recognize that one layer of cap 45 covers and provides protection                
                            of the top and sides of the GMR element while the dielectric                     
                            system 32 provides protection of the bottom of the GMR element.                  
                   8. The dielectric cap consists of several layers of different materials,                  
                            one of which masks the barrier layer for etching.  Col. 5, ll. 8-21.             
                   9.  Tehrani teaches that there are two methods of etching the vias 47                     
                            (which are through both layers 45 and 32) and vias 50 (which are                 
                            through parts of layer 45).  See figure 7.                                       

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