Ex Parte Dostalik et al - Page 3




          Appeal No. 2006-0473                                                        
          Application 10/430,558                                                      

                                   OPINION                                            
               For the reasons set forth by the examiner as amplified here,           
          we sustain the rejections of all claims on appeal.                          
               The subject matter of independent claim 1 very closely                 
          resembles the subject matter of independent claim 11 on appeal.             
          Whereas the last clause of claim 1 on appeal recites a dual                 
          damascene pattern liner coupled at least partially between said             
          vias and said dielectric material but not between said trenches             
          and said dielectric material, claim 11 recites that this liner is           
          coupled at least partially between said trenches and said                   
          dielectric material but not between said vias and said dielectric           
          material.                                                                   
               Before we continue with our analysis, we make reference to             
          the examiner tutorial as to what is a dual damascene pattern                
          liner and a single damascene pattern liner as expressed at pages            
          5 and 6 of the answer.  As pointed out by the examiner here,                
          these terms relate to processes in the art such that in a dual              
          damascene process, only a single metal deposition step is used to           
          simultaneously form metal lines in trenches and metal in the                
          vias.  The examiner also notes that even though a via or a trench           
          structure may be typically in a single dielectric layer,                    
          structures formed in multilayer dielectrics are also common in              
          the art.  This analysis has not been questioned by appellants               
          since no reply brief has been filed.  We therefore agree with the           
          examiner’s observations at page 6 of the answer that the                    


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