Ex Parte Yan et alDownload PDFPatent Trial and Appeal BoardDec 4, 201713074888 (P.T.A.B. Dec. 4, 2017) Copy Citation United States Patent and Trademark Office UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O.Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 13/074,888 03/29/2011 Jiang Yan INF 2008 P 50530 US01 1624 48154 7590 12/06/2017 SLATER MATSIL, LLP/Infineon 17950 PRESTON ROAD SUITE 1000 DALLAS, TX 75252 EXAMINER LEE, JAE ART UNIT PAPER NUMBER 2899 NOTIFICATION DATE DELIVERY MODE 12/06/2017 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): docketing @ slatermatsil. com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JIANG YAN, ROLAND HAMPP, JIN-PING HAN, MANFRED ELLER, and ALOIS GUTMANN Appeal 2017-004197 Application 13/074,888 Technology Center 2800 Before TERRY J. OWENS, CHRISTOPHER C. KENNEDY, and MICHAEL G. McMANUS, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE The Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1, 4, 5, 7, 8, 10, 11, 13-16, 20-26, and 30-33. We have jurisdiction under 35 U.S.C. § 6(b). The Invention The Appellants claim a semiconductor device. Claim 1 is illustrative: 1. A semiconductor device comprising: a workpiece including a conductive region; a first insulating material disposed over the workpiece; a first opening for a first portion of a conductive feature disposed within the first insulating material; Appeal 2017-004197 Application 13/074,888 a second insulating material disposed over the first insulating material; a second opening for a second portion of the conductive feature disposed in the second insulating material; and a conductive material filling the first opening and the second opening to form the conductive feature, wherein the conductive feature is electrically coupled to the conductive region, wherein the conductive feature comprises substantially a first width in a bottom portion of the second insulating material, wherein the conductive material comprises a liner continuously lining sidewalls of the first opening and the second opening and a conductive fill material disposed on the liner and completely filling the first opening and the second opening, wherein a volume of the conductive fill material in the first opening measured at a cross-sectional area parallel to the first width is substantially constant from a bottom portion of the first insulating material to the bottom portion of the second insulating material, wherein a volume of the conductive fill material in the second opening measured at a cross-sectional area parallel to the first width increases from the bottom portion of the second insulating material to a top portion of the second insulating material, wherein the conductive feature comprising the first portion and the second portion is a single integral via, wherein the first portion of the conductive feature and the second portion of the conductive feature are part of the final form of the semiconductor device. Zhang The References US 2005/0287722 A1 Dec. 29, 2005 Koutny US 2008/0293207 A1 Nov. 27, 2008 Liu US 2009/0191705 A1 July 30, 2009 Nam US 2010/0065919 A1 Mar. 18,2010 The Rejections The claims stand rejected under 35 U.S.C. § 103 as follows: claims 1, 4, 7, 8, 10, 13-16, 20-22, 25, 26, and 31-33 over Nam in view of Zhang and 2 Appeal 2017-004197 Application 13/074,888 Liu, claims 23, 24, and 30 over Nam in view of Zhang, and claims 5 and 11 over Nam in view of Zhang, Liu and Koutny. OPINION We reverse the rejections. We need address only the independent claims (1, 8, 15, and 23).1 Those claims require a semiconductor device wherein a volume of conductive fill material (276) in a first opening measured at a cross-sectional area parallel to first width is substantially constant from a bottom portion of a first insulating material (222) to the bottom portion of a second insulating material (232) (Fig. 11). Nam discloses a semiconductor device wherein a contact hole (147a-c)’s contact plug (171, 173, 175) volume is constant from a bottom portion of a first insulating film (140) to a top portion of a second insulating film (142) (]fl| 83, 86; Fig. 1A). Zhang discloses that “to form contacts with good coverage, it is desired to have a continuously mildly changing cross-sectional shape, or a tapering shape” (^ 16). Zhang forms a contact hole through a first interlayer insulating film (114) having a relatively low etch rate below a second interlayer insulating film (115) having a relatively high etch rate so the contact hole’s tilt angle (a) in the first interlayer insulating film (114) is greater than the contact hole’s tilt angle (|3) in the second interlayer insulating film (115) such that the contact hole in the first insulating film (114) has a conical shape sloping inwardly from top to bottom (]fl| 21, 67, 73; Figs. 2A, 3). The interlayer insulating films (114, 115) then are 1 The Examiner does not rely upon Koutny for any disclosure that remedies the deficiency in the references applied to the independent claims as to the limitations in those claims (Final Act. 19-20). 3 Appeal 2017-004197 Application 13/074,888 lightly etched to widen the contact hole, remove undercutting inside the contact hole, eliminate overetched portions in a gate insulating film (103) below the first interlayer insulating film (114), and taper the top portion of the contact hole (]fl| 29, 31, 33, 78; Fig. 2C). The contact hole’s top portion taper improves interconnect electrode coverage 34). The Examiner asserts that Zhang’s contact hole’s tapered top portion in a second insulating film (115) (Figs. 2A, 2D) could be combined with Nam’s constant cross-sectional area contact hole (147a-c) in a first insulating film (140) (Fig. 1A) (Ans. 4-5). Establishing a prima facie case of obviousness of an invention comprising a combination of known elements requires “an apparent reason to combine the known elements in the fashion claimed.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). The Examiner does not provide the required apparent reason why one of ordinary skill in the art would have combined Nam and Zhang in the manner proposed by the Examiner. Moreover, Zhang’s light etching which provides the contact hole tapering at the upper portion of the second insulating film (115) (Figs. 2A, 2D) is part of the process that tapers the contact hole portion in the first insulating film (114) (]fl| 21, 28-34, 67, 73, 78). The Examiner does not establish that Zhang would have enabled one of ordinary skill in the art to taper Nam’s contact hole’s portion at the top of the second insulating film (142) without tapering the contact hole in the first insulating film (140) such that the contact hole fails to meet the Appellants’ claim requirement that the contact hole’s cross-sectional area is substantially constant from a bottom portion of a first insulating material (222) to the bottom portion of a second insulating material (232) (Fig. 11). 4 Appeal 2017-004197 Application 13/074,888 Thus, the Examiner has not established a prima facie case of obviousness of the Appellants’ claimed semiconductor device. DECISION/ORDER The rejections under 35 U.S.C. § 103 of claims 1, 4, 7, 8, 10, 13-16, 20-22, 25, 26, and 31-33 over Nam in view of Zhang and Liu, claims 23, 24, and 30 over Nam in view of Zhang, and claims 5 and 11 over Nam in view of Zhang, Liu and Koutny are reversed. It is ordered that the Examiner’s decision is reversed. REVERSED 5 Copy with citationCopy as parenthetical citation