Ex Parte Rhodes et al - Page 3

               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                   


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