Ex parte LIEN - Page 5




          Appeal No. 1999-0866                                                        
          Application No. 08/742,704                                                  


          under the second paragraph of 35 U.S.C. § 112 because of the                
          following defects we note with respect to independent claim 12              
          on appeal.  Claim 12 recites the methodology of forming an                  
          interconnect structure by first depositing various layers,                  
          then selectively removing certain first portions of them,                   
          yielding an interconnect structure of the remaining or second               
          portions thereof.  This interconnect structure is stated to                 
          comprise three elements: a first conductive lead formed by a                
          second portion of a first conductive layer, a second                        
          conductive plug formed by a second portion of the first                     
          conductive plug and a second dielectric layer formed by a                   
          second portion of the first dielectric layer.  The claim ends               
          with the wherein clause defining more specifically the second               
          conductive plug and doing so by defining its various surfaces               
          and sides.  Based upon our study of the written description                 
          portion of the specification as well as its attendant drawing               
          figures, the recitation of “a third side in contact with said               
          second dielectric layer, said second side and said third side               
          being adjacent to one another” cannot reasonably be discerned.              


               Appellant makes specific reference to this noted                       
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