Appeal 2007-2285 Application 10/871,151 Section 103 in view of the applied prior art. Since the difference between the claims presently on appeal and those before the Board in the prior appeal does not affect the reasoning set forth in the prior Board decision, we will sustain the Examiner's rejection. We appreciate that Fillipiak does not expressly teach the presence of a layer of tantalum nitride between the tantalum and copper layers, but we remain of the opinion that "Xu evidences the obviousness of employing a tantalum nitride layer between the tantalum and copper layers of Fillipiak for the purpose of providing the benefits taught by Xu, e.g., resistance to electrode migration" (sentence bridging pages 8-9 of prior decision). Also, as explained by the Examiner, "it would have been obvious to modify the interconnect structure of Fillipiak by forming a TaN layer between the tantalum layer 106 and the copper base layer 108, because as taught by Xu, such TaN would provide highly [sic, high] conductivity, and highly smooth surface (col. 28, ll. 6-11)"(Answer 4, first para., last sentence). We find no merit in Appellants' argument that Xu actually states that TiN provides good conductivity and a highly smooth surface, and that "the qualities of 'good conductivity' and a 'smooth surface' are properties of TiN, not TaN" (Principal Br. 12, first para.). According to Appellants, the cited art does "not suggest that it is desirable to a TaN layer for the purpose of providing a smooth surface and high conductivity" (id.)[sic]. We fully concur with the Examiner that one of ordinary skill in the art would have reasonably expected that the advantages specifically associated with TiN would have transferred to the compound that Xu teaches is a viable substitute when copper is used as the interconnect metal, namely, TaN (see 3Page: Previous 1 2 3 4 5 Next
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