Ex Parte Mui et al - Page 4

                Appeal 2007-0706                                                                              
                Application 09/905,172                                                                        
                      Huang describes a method for forming a semiconductor device                             
                      comprising:  providing a substrate structure; forming an organic                        
                      layer with low dielectric constant over the substrate; depositing                       
                      a dielectric layer, SiON, over the organic layer; providing a                           
                      patterned photoresist (claimed organic photoresist: please see                          
                      cited art below) over the dielectric layer; etching the dielectric                      
                      layer with dry etch (claimed first plasma etching) until                                
                      apertures are formed in the dielectric layer; etching the organic                       
                      layer using an anisotropic etching (claimed second plasma                               
                      etching) until apertures are formed in the organic layer (col. 2,                       
                      line 47-co1. 3, line 17).  (Compare Answer 3 with Brief and                             
                      Reply Brief in their entirety.)                                                         
                2. According to the Appellants at page 6 of the Brief:                                        
                      Huang describes a semiconductor device and method of                                    
                      formation thereof.  The device has a semiconductor substrate,                           
                      an insulating layer, which may be organic, thereon, a dielectric                        
                      layer thereon and a patterned photoresist thereon.  The                                 
                      insulating layer is not described as comprising carbon and                              
                      hydrogen and is not deposited by CVD.  In fact there is no                              
                      disclosure of any specific organic material.                                            
                3. Huang’s organic layer with low dielectric constant is known to                             
                provide an insulation function (referred to by the Appellants as an insulation                
                layer), but is not said to contain carbon and hydrogen and is not said to be                  
                deposited by CVD.  (Compare Answer 3 with Brief 6.)                                           

                4. Hasegawa describes employing an organic layer with low dielectric                          
                constant comprising carbon and hydrogen as an insulation layer in producing                   
                a semiconductor device.  (Compare Answer 3, with Brief 6.)                                    

                5. Hasegawa teaches (col. 9, ll. 4-12) that:                                                  
                      The dielectric layer can be formed, for example, by forming a                           
                      precursor of the polymer by a spin coater and then baking at                            

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