Ex Parte KALNITSKY - Page 4




          Appeal No. 1999-0382                                                        
          Application 08/436,133                                                      

               Appellant argues that the groupings are proper (RBr4), but             
          does not explain how claims 16-18, which depend on claim 8, can             
          be logically grouped to stand or fall together with the rest of             
          the claims of Group A which depend from claim 1.  Accordingly, we           
          find that Group A includes only claims 1-4, 6, and 7.                       

          Group A ) claims 1-4, 6, and 7                                              
               Initially, in the limitation "said third dielectric layer              
          containing voids which allow a chemical wet etch to pass through            
          said third dielectric layer to said second dielectric layer," we            
          interpret "which allow a chemical wet etch to pass through said             
          third dielectric layer to said second dielectric layer" to be               
          like a whereby clause which indicates that voids will necessarily           
          give this result if the area of the third dielectric layer                  
          contained voids is subjected to a wet etch.  The limitation is              
          met even if voids to do not occur at a location, such as the                
          location of a contact via, which is actually etched.  No actual             
          chemical wet etch step is recited.                                          
               The issue is whether Koyama teaches or suggests "said third            
          dielectric layer containing voids."                                         
               The Examiner finds (FR3; EA4): "As stated in the                       
          specification, 'voids' occur because of the inherent nature of              
          the material."  Appellant does not disagree.  However, Appellant            
          argues, voids do not inherently occur in every dielectric or                

                                        - 4 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007