Ex Parte Agarwala et al - Page 18


             Appeal No. 2006-1663                                                                                
             Application No. 09/871,883                                                                          

             from the rejection of claims 7-8 to claims 16-18.  (Answer 6, See, CLAIMS 7-8                       
             section above).                                                                                     
                   Appellants again argue that Havemann’s encapsulation layer 48 (i.e., upper                    
             conductive liner) is not conductive because it is disclosed as being made of silicon                
             nitride.  (Br. 16-17).  According to Appellants, Havemann does not teach or                         
             suggest the upper conductive liner claim feature.  Appellants also argue that the                   
             Examiner does not state anything regarding the coextensiveness of the liner under                   
             a via because he fails to indicate that Havemann even teaches a via.   (Br. 16).                    
             Appellants’ arguments are not persuasive.                                                           
                   Earlier in this opinion, we addressed Appellants’ argument regarding the                      
             conductivity of encapsulation layer 48 (i.e., upper conductive liner) with regard to                
             claim 1.  Additionally, as we discussed above regarding claim 10, we find that                      
             Havemann discloses a via in the embodiment cited by the Examiner (i.e., Figures                     
             3A-3G).  Accordingly, we make the same disposition (i.e., unpersuasive) of                          
             Appellants’ arguments with regard to claims 16-18.  (See our discussion of claims                   
             1 and 10 for further explanation).                                                                  
                   We affirm the § 103(a) rejection of claims 16-18.                                             

             CLAIMS 20 AND 25 (FIGURES 4A AND 12A)                                                               
                   Claim 20 is similar to claim 1, except that claim 20 further recites that the                 
             upper level wire has “an array of vias integrally formed in the bottom of said upper                
             level wire” (Figure 12A, reference numerals 210A to 210I), “at least a portion of                   
             the bottom of each via extending below the top surface of the lower wire level”                     
             (Figure 4A, reference numerals 215 and 225), “a first portion of the array in                       
             contact with the lower core conductor” (Figure 12A, reference numerals 330B,                        

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