Ex parte INOUE et al. - Page 5




          Appeal No. 1998-0970                                                        
          Application 07/995,325                                                      

          It is assumed that these steps are conventional.   Appellants2                           
          do not argue steps c) to f) as differences and, thus, we do                 
          not consider them.  See 37 CFR § 1.192(c)(6)(iv) (1994) ("For               
          each rejection under 35 U.S.C. 103, the argument shall specify              
          the errors in the rejection, the specific limitations in the                
          rejected claims which are not described in the prior art                    
          relied on in the rejection, and shall explain how such                      
          limitations render the claimed subject matter unobvious over                
          the prior art.").  Cf. In re Baxter Travenol Labs.,                         
          952 F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991) ("It               
          is not the function of this court to examine the claims in                  
          greater detail than argued by an appellant, looking for                     
          nonobvious distinctions over the prior art.").  Perhaps the                 
          reason these limitations are not argued is that the admitted                
          prior art of Figures 2(a)-(c) indicates that these steps were               
          conventional.  Appellants' invention is said to be the method               
          of filling the contact hole with an interposed layer of boron               
          to reduce the contact resistance (specification, p. 1).                     
               Tsunashima discloses (col. 2, lines 40-47):                            

            If the steps are conventional, the Examiner's2                                                                      
          rejection should say so to indicate that the steps have not                 
          been ignored.                                                               
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