Ex Parte Whitman et al - Page 2

                 Appeal No. 2006-2210                                                                                   
                 Application 09/944,230                                                                                 


                        Representative claim 1 is reproduced below:                                                     
                        1. a semiconductor device structure, comprising:                                                
                 a substrate including at lest one recess formed therein; and                                           
                 a material layer disposed over the substrate and substantially filling the at                          
                 least one recess, the material layer having a surface substantially free of hills                      
                 and valleys.                                                                                           
                        The following references are relied on by the examiner:                                         
                        Dennison et al. (Dennison)          5,663,090            Sep.    2, 1997                        
                        Kikuchi et al. (Kikuchi)            6,278,153            Aug. 21, 2001                          
                                                                          (Filed Oct. 19, 1999)                         
                        Yates et al. (Yates)                6,358,793            Mar. 19, 2002                          
                                                                                 (Filed Feb. 26, 1999)                  
                        Wang                               6,461,932            Oct.    8, 2002                        
                                                                                 (Filed Dec. 14, 1998)                  
                        Claims 15 through 20, 23 and 24 stand rejected under 35 U.S.C.                                  
                 § 102(e) as being anticipated by Yates.  Similarly, claims 1, 3, 11 through                            
                 13, 21 and 22 stand rejected under 35 U.S.C. § 102(e) as being anticipated                             
                 by Kikuchi.  Correspondingly, claims 1, 15, 16 and 21 through 24 stand                                 
                 rejected under 35 U.S.C. § 102(e) as being anticipated by Wang.  Kikuchi                               
                 and Dennison are utilized by the examiner within 35 U.S.C. § 103 to reject                             
                 claim 4.                                                                                               





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