Ex Parte Goto et al - Page 4



                Appeal 2007-1884                                                                                
                Application 10/329,205                                                                          

                firmly establishes that it was known in the art to etch silicon with molecular                  
                fluorine at elevated temperatures.  Also, significantly, none of Mucha, Hiroi,                  
                or Badmaeva discloses that molecular fluorine is in plasma form during the                      
                etching of silicon.                                                                             
                       As appreciated by the Examiner, Mucha, Hiroi, and Badmaeva do not                        
                expressly teach that the elevated temperature within the chamber is effected                    
                by heating the susceptor.  However, as pointed out by the Examiner,                             
                Takenaka evidences that it was known in the art to heat the susceptor during                    
                silicon etching at elevated temperatures.  Consequently, although Takenaka                      
                utilizes fluorine compounds, but not molecular fluorine, we are satisfied that                  
                one of ordinary skill in the art would have found it obvious to raise the                       
                temperature of the chamber for etching silicon by heating the susceptor,                        
                regardless of the particular etching gas employed.  Appellants have apprised                    
                us of no reason why the particular etching gas used would have played a role                    
                in the means selected for heating the etching chamber.                                          
                       Appellants maintain that the combination of references does not teach                    
                heating the susceptor to about 450°C.  However, Hiroi specifically teaches                      
                etching silicon with molecular fluorine at a temperature below 580°C, which                     
                encompasses the claimed value.  Moreover, as explained by the Examiner, it                      
                is a matter of obviousness for one of ordinary skill in the art to determine the                
                optimum value of a result-effective variable, such as temperature, in the                       
                etching of silicon with molecular fluorine.  Also, the Examiner correctly                       
                points out that Appellants’ Specification attaches no criticality to the                        

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