Ex Parte Ng - Page 11

          Appeal No. 2005-0585                                                        
          Application No. 09/821,478                                                  

          The reduction of microloading permits faster etching of nested              
          features.  Answer, page 11.                                                 
               The examiner states that Horak similarly solves the problem            
          of nested/isolation offset in etching an underlayer using a                 
          photoresist mask (the resist mask is not shown in figures; see              
          col. 5, lines 3-4).  The examiner states that Horak uses the                
          space charge effect in O-RIE similar to Ma and the instant                  
          invention.  The examiner states that Horak adjusts the reactive             
          components to balance the sputtering and etching phenomenon;                
          this adjustment is similar to the instant invention.  This                  
          etching step provides a mask layer with no print bias and thus              
          subsequent normal etching of the conductor layer becomes                    
          feasible (col. 6, lines 49-col. 7, line 2); this serves the same            
          function as mask trimming.  The examiner states that Horak                  
          clarifies the term “normal etching” to include differential                 
          etching of nested/iso features under the mask (col. 6, lines 21-            
          36 & col. 9, lines 6-33).  Answer, page 12.                                 
               The examiner ultimately concludes that appellant’s argument            
          that the references teach unrelated subject matters, and are                
          therefore not combinable, is not convincing.  Answer, page 12.              
               With regard to appellant’s contention that the applied                 
          references do not teach each and every element of the instant               
          claims, on page 13 of the answer, the examiner states that it               
          has been shown, supra, that the combination of references                   
          teaches each and every element of the instant claims.  We refer             
          to pages 13-16 of the answer regarding the examiner’s additional            
          statements in this regard.                                                  

          C.  Our Analysis                                                            
               With regard to appellant’s assertions that (1) the applied             
          references are not combinable, and (2) the combination does not             
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