Ex Parte Kikuchi et al - Page 5

               Appeal 2007-2490                                                                           
               Application 09/846,255                                                                     
                                                                                                         
                                          Independent Claim 1                                             
                     Regarding independent claim 1, the Examiner's rejection essentially                  
               finds that Mehta teaches a substrate surface cleaning method that brings a                 
               mixed gas of anhydrous hydrogen fluoride (HF) and heated inert gas into                    
               contact with the substrate surface to remove a low-density film without                    
               impairing a high-density film, as claimed.  According to the Examiner,                     
               Mehta teaches every claimed feature except for continuously exposing the                   
               anhydrous gas with the substrate.  The Examiner cites Verhaverbeke as                      
               teaching etching using a “dynamic mode,” a mode that utilizes a continuous                 
               flow of process gases.  The Examiner further notes that Verhaverbeke                       
               teaches that either pulsing (static) or continuous (dynamic) modes may be                  
               used to selectively etch silicon oxides (i.e., they are interchangeable).  The             
               Examiner then concludes that it would have been obvious to one of ordinary                 
               skill in the art at the time of the invention to modify Mehta to continuously              
               flow process gases (Answer 3-4, 7, and 8).                                                 
                     Appellants argue that although Verhaverbeke discusses both static and                
               dynamic modes in the context of traditional vapor etching techniques,                      
               Verhaverbeke prefers the static mode given the reference’s overall emphasis                
               on static mode etching (Br. 4-5).  In any event, Appellants argue, it is                   
               unclear why the skilled artisan would combine Mehta with Verhaverbeke.                     
               According to Appellants, Verhaverbeke’s preference for the static mode, in                 
               essence, teaches away from the dynamic mode.  Appellants further contend                   
               that not only is Verhaverbeke not concerned with selective removal of a                    
               low-density film present with a high-density film, the respective treatment                
               compositions in Mehta and Verhaverbeke are different.  According to                        


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