Appeal 2007-0898
Application 09/962,786
presently claimed. In particular, Shimada specifically discloses a barrier
layer of TaN over a top electrode of Ta, which results in a relative
conductivity exactly the opposite of that claimed.
The Examiner points out that Shimada discloses a stack for a MOS
capacitor with a Ta layer grown on a TaN layer and concludes that the "Ta
layer serves as a conductive barrier layer" (page 9 of Answer, third para.).
However, as explained by Appellants, Shimada uses this structure without a
barrier layer only to identify the crystal structure of the Ta layer. The
Examiner has not explained why this disclosure would have motivated one
of ordinary skill in the art to use a barrier layer of Ta on the top electrode of
Dalton, and such requisite motivation is not apparent to us.
As for Kirlin, the Examiner has not refuted Appellants' argument that
Kirlin, while disclosing a Ta barrier layer, uses Ta over a more electrically
conductive top electrode 34, such as a noble metal.
In conclusion, based on the foregoing, we are constrained to reverse
the Examiner's rejections.
REVERSED
cam
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