Appeal No. 2000-0170
Application No. 08/811,124
atoms from one metal to the other in the equilibrium state.
Therefore, we agree with the examiner that there will be the
recited continuous composition gradient of Si atoms from one
metal to the other metal. Our view is consistent with the
disclosure in Lee, particularly column 6, lines 29 through 38
where it is clearly shown that a metal with no Si component
absorbs Si atoms from the metal with the Si component as the
planarization process takes place in Lee.
Therefore, we sustain the anticipation rejection of claims
41, 49 through 51 and 52 through 56 by Lee.
Yoda
In rejecting claims 41, 42, 49 through 51, and 52 through 56
as being anticipated by Yoda (answer at pages 4 and 5), the
examiner asserts (id. at page 5):
[i]t is noted that after heat treated during a
fabrication process, a continuous composition gradient
of aluminum alloy is inherently formed between the
boundary of the first metal 7a of AlSi and the second
metal 8 of Al-Si-Cu because of the diffusion from one
metal layer to the other metal layer. Therefore, this
limitation [“said plug and said metallization line
. . . have a substantially continuos composition
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