Ex Parte M - Page 6



                  Appeal 2007-1312                                                                                          
                  Application 10/997,715                                                                                    

                  which are defined by upper elements 28 and 38.  The gaps are defined by                                   
                  more than just wiring 24.                                                                                 
                         Moreover, even if Liu were interpreted as completely filling the gaps                              
                  with the HDPCVD process, we completely agree with the Examiner that it                                    
                  would have been a matter of obviousness for one of ordinary skill in the art                              
                  to use the HDPCVD process to only partially fill the gaps and use the                                     
                  PECVD process to complete the deposition of the uppercladding layer.  As                                  
                  explained by the Examiner, Liu discloses that the PECVD process affords a                                 
                  higher speed of deposition than is typical of HDPCVD processes.  As a                                     
                  result, one of ordinary skill in the art would have understood that a balance                             
                  can be effected between the benefits achieved by the slower HDPCVD                                        
                  process and the faster PECVD process.  Liu discloses that the HDPCVD                                      
                  process deposits “a dielectric layer having superior density, moisture                                    
                  resistance and planarization properties as compared to conventional CVD                                   
                  dielectric layers” (sentence bridging col. 4-5), while also producing a void-                             
                  free gap filling.  Liu also discloses that “[a]nother advantage of the use of                             
                  HDPCVD to deposit intermetal dielectrics is that it is generally not                                      
                  necessary to perform subsequent high temperature densification steps to                                   
                  densify the deposited dielectric material, which may sometimes be required                                
                  to densify oxide layers deposited using conventional CVD and other                                        
                  techniques” (col. 6, ll. 5-10).  Manifestly, it would have been obvious for                               
                  one of ordinary skill in the art to perform a cost-benefit analysis in                                    
                  determining the amount of uppercladding layer to be deposited by the                                      

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