Ex parte NAKAMURA et al. - Page 11




          Appeal No. 1999-0542                                                        
          Application 08/760,557                                                      


          In addition to the arguments regarding the four                             
          features discussed above, appellants note that Bost teaches a               
          multi-layer metalization in which a titanium nitride layer is               
          on a titanium layer which is on another titanium nitride layer              
          which is on the aluminum alloy layer.  Thus, appellants argue               
          that the metal layer is not on the aluminum alloy layer, but                
          instead, is on a metal nitride layer.  Appellants also argue                
          that Bost teaches away from placing a titanium layer directly               
          on an aluminum alloy layer as claimed.                                      
          The examiner responds that the use of the phrase                            
          “formed on” in the claims does not preclude the presence of                 
          intervening layers.                                                         
          Once again, we agree with the position of appellants                        
          for reasons noted by appellants in the appeal brief as well as              
          our discussion above.  There is no teaching or suggestion in                
          Bost that any of the four features discussed above is                       
          necessary or inherent in the Bost multi-layer metalization.                 
          We also agree with appellants that Bost clearly teaches away                
          from forming a titanium layer directly on an aluminum alloy                 
          layer because of the unwanted diffusion of titanium into the                
          aluminum layer in Bost.  Appellants’ invention recites this                 
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