Appeal 2007-0706
Application 09/905,172
300 to 500oC. In the case of a material such as amorphous
carbon, the dielectric layer may be formed by using acetylene
[carbon and hydrogen containing organic material] or, if
necessary, a fluorocarbon gas and using a plasma enhanced
CVD system.
6. The Appellants have not challenged the Examiner’s official notice at
page 8 of the Answer that “the CVD method is known to one skilled in the
art at the time of the invention to deposit material[s] such as organic layer[s],
used by Huang.” (Compare Answer 8, with Br. in its entirety).
7. Huang discloses that one possible object of the invention is to use the
low dielectric organic material for a purpose “analogous to a hard mask.”
(Col 1, ll. 48-51 and Col. 3, ll. 15-25).
8. Huang, by virtue of not specifically mentioning the names of low
dielectric organic materials and deposition techniques, leaves one of
ordinary skill in the art to appropriately choose conventional low dielectric
organic (insulation) materials and deposition techniques. (Col. 2, ll. 49-65).
Implicit in this teaching is that the selection of appropriate (known) low
dielectric organic (insulation) materials and (known) deposition techniques
is well within the ambit of one of ordinary skill in the art.
VI. PRINCIPLE OF LAW
Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a
determination of: (1) the scope and content of the prior art; (2) the
differences between the claimed subject matter and the prior art; (3) the level
of ordinary skill in the art; and (4) secondary consideration (e.g., the
problem solved). Graham v. John Deere Co. of Kansas City, 383 U.S. 1,
17-18, 148 USPQ 459, 467(1966). “[A]nalysis [of whether the subject
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