Ex Parte GOEBEL et al - Page 13

                Appeal 2006-2671                                                                                
                Application 09/508,572                                                                          

                MacNaughton’s Fig. 2 also illustrate this structure.  The portion of the                        
                conductive metal layers in opening 14 are disclosed in each reference to be                     
                continuous.                                                                                     
                       We are not convinced by Appellants’ contentions, with respect to                         
                claims 7 and 14, that the structures illustrated in each of Merchant’s Figs.                    
                3 and 4 and of MacNaughton’s Figs. 2 and 3 are merely intermediates in a                        
                manufacturing process, and that openings 14 thereof would not                                   
                accommodate components of a micro hybrid integrated circuit.  We                                
                determine that one of ordinary skill in this art would have recognized that                     
                the structures illustrated in each of the figures have a portion of opening 14                  
                filled with a conductive metal layer which can function as contacts or vias                     
                for semiconductor integrated circuit devices, and would have used the                           
                structures for this purpose.  Thus, this person would have recognized that the                  
                partially filled opening 14 in the illustrated structures can function as a                     
                contact accommodating connect wire 8 components of a micro hybrid                               
                integrated circuit.                                                                             
                       With respect to claim 10, we disagree with Appellants’ contention one                    
                of ordinary skill in the art would have been led away from the claimed layer                    
                thickness range of the metallic skin layer depression by the problem of                         
                unevenness in the conductive metal layer in vias and contacts known in the                      
                art as acknowledged by Merchant and MacNaughton.  Indeed, Appellants do                         
                not identify any disclosure in either reference rebutting the Examiner’s                        
                contention that unevenness is not a problem in the continuous conductive                        
                metal layers formed in opening 14 of the illustrated structures by the                          
                methods disclosed in the references.                                                            


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