Appeal No. 2000-1082 6
Application No. 08/727,303
known in the art. Accordingly, the person having ordinary skill in the art could easily
determine the precise temperature and pressure conditions needed to treat the first layer in
order to fill the recesses as required by the claimed subject matter.
Based upon the above considerations, the examiner has not met the burden of
showing lack of enablement. Accordingly, the rejection of the claims on the grounds of
lack of enablement is not sustained.
The Rejection under §§ 102 and 103
In order for a claimed invention to be anticipated under 35 U.S.C. § 102(b), all of
the elements of the claim must be found in one reference. Scripps Clinic & Research Found.
v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
Dobson ‘938 is directed to a method of filling holes in surfaces which are deposited
on semiconductor substrates. See page 1, lines 2-5. We find, that one embodiment of the
invention is directed to “laying a metallic foil across the exposed surface of the film to
bridge the recesses, heating the foil and applying pressure to the foil, whereby the foil or
material therefrom is forced into the recesses to fill them.” See page 2, lines 4-7. We find
that the foil is preferably a highly conducting ductile metal such as aluminum. See page 2,
liners 21-22. We find that a barrier or lubricating layer may be deposited on the exposed
surface of the film prior to the foil being laid thereon. We conclude therefrom that the
barrier or lubricating layer may also be applied on the surface of the film subsequent to the
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