Ex parte CHEN et al. - Page 6




          Appeal No. 1997-3769                                                        
          Application 08/418,257                                                      


          approximately 400 and 500 degrees Centigrade.  The sputter                  
          deposition first step in Armstrong is done at a temperature                 
          below 200 degrees Centigrade (column 3, lines 12-13 of                      
          Armstrong).  Thus, we find no connection between the teaching               
          of Wolf and the temperatures required by the instant claims                 
          when viewed in light of the sputtering temperature disclosed                
          by Armstrong.                                                               
               Now, it may be that the first aluminum layer of                        
          Armstrong, deposited on a relatively cold surface, might be                 
          considered a “refractory metal” so that the aluminum deposited              
          in Armstrong’s second step, at higher temperature, may be said              
          to satisfy the claimed requirement of “during said step of                  
          raising the temperature, beginning to deposit aluminum on the               
          layer including the refractory metal...”.  However, among                   
          other problems of Armstrong regarding the instant claimed                   
          invention, we do not think it is reasonable to call the first               
          layer of aluminum a “refractory metal,” as that term is used                
          in the instant application.  While, in general, a “refractory               
          metal” would appear to indicate a metal capable of enduring                 
          high temperature, with “high” being a relative term subject to              
          much interpretation, “refractories” has been defined by the                 
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