Ex Parte Rhodes et al - Page 2

               Appeal 2007-2285                                                                             
               Application 10/871,151                                                                       

                      a conductive barrier layer comprising tantalum nitride disposed                       
               directly on the conductive reactive layer;                                                   
                      a copper layer disposed directly on the conductive barrier layer; and                 
                      an anti-reflective layer comprising tantalum nitride disposed directly                
               on the copper layer.                                                                         
                      The Examiner relies upon the following references as evidence of                      
               obviousness:                                                                                 
               Fillipiak    5,918,147   Jun. 29, 1999                                                       
               Xu     6,217,721 B1  Apr. 17, 2001                                                           
                      The present application is a continuation of U.S. Serial No.                          
               08/815,031.  An appeal was taken in the parent application on claims very                    
               much like the ones presently before us, the difference being that the present                
               claims require various layers to be disposed directly on another layer.  In a                
               decision dated January 29, 2004, the Board affirmed the Examiner's                           
               rejection over Fillipiak in view of Xu, the sole rejection now before us                     
               (Appeal No. 2003-2093).                                                                      
                      Appealed claims 1-40 stand rejected under 35 U.S.C. § 103(a) as                       
               being unpatentable over Fillipiak in view of Xu.                                             
                      With the exception of claims 9 and 29, Appellants do not separately                   
               argue the appealed claims.  Accordingly, claims 1-8, 10-28, and 30-40 stand                  
               or fall together.                                                                            
                      We have thoroughly reviewed each of Appellants' arguments for                         
               patentability.  However, for the reasons set forth by the Examiner and the                   
               Board in the prior appeal, we conclude that the claimed subject matter would                 
               have been obvious to one of ordinary skill in the art within the meaning of                  

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