Ex Parte Leng et al - Page 2



          Appeal No. 2005-1098                                                        
          Application No. 10/319,149                                                  

          rewritten in independent form including all the limitations of              
          the base claim and any intervening claims (final Office action              
          dated Jan. 22, 2004, page 3; Brief, page 2; Answer, page 7).1  We           
          have jurisdiction pursuant to 35 U.S.C. § 134.                              
               According to appellants, the invention is directed to a                
          method for reducing light induced corrosion and re-deposition of            
          metal features of semiconductor material by incorporating a                 
          photon-blocking layer below the PMD layer to limit the exposure             
          of the semiconductor material to light having energy greater than           
          or equal to a band gap energy of the material (Brief, page 3).              
          Representative independent claim 1 is reproduced below:                     
               1.  A method for reducing light induced corrosion and re-              
          deposition of metal features of semiconductor material                      
          comprising:                                                                 
               limiting exposure of said semiconductor material to light              
          having energy greater than or equal to a band gap energy of the             
          semiconductor material by incorporating a photon-blocking layer             
          in said semiconductor material below the PMD layer.                         
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Pernyeszi et al. (Pernyeszi)     5,031,017          Jul. 09, 1991           
               1                                                                      
               1 We fail to understand how the examiner could indicate that           
          claims 3-7 and 12 are allowable when there is a pending rejection           
          of claims 1-12 under the second paragraph of section 112 (Answer,           
          page 3).  However, this issue becomes moot in view of our                   
          decision infra in this appeal.                                              
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