Ex parte MICHAEL - Page 5




                Appeal No. 94-3284                                                                                                            
                Application 07/948,570                                                                                                        


                         use the multilevel metallization of Kobayashi et al.                                                                 
                         with the nitrided ceramic coating of Haluska et al.                                                                  
                         This is because Haluska et al. indicate that their                                                                   
                         coating is suitable for electronic devices and                                                                       
                         Kobayashi et al. show that their multilevel                                                                          
                         metallization coexists with an insulation coating on                                                                 
                         the surface of the semiconductor device.                                                                             
                Further, at page 7, the examiner concludes:                                                                                   
                         As to whether there is motivation to combine the                                                                     
                         references, the Examiner believes that because Haluska                                                               
                         et al. teaches the use of the ceramic coating on a wide                                                              
                         variety of devices, including semiconductor devices,                                                                 
                         the use of the coating on the structure of Kobayashi et                                                              
                         al. would have been obvious to one of ordinary skill in                                                              
                         the art.                                                                                                             
                         After fully considering the record in this case  in view of                   5                                      
                the arguments presented in appellant’s brief and the examiner’s                                                               
                answer, we conclude that rejection (2) should not be sustained.                                                               
                         On page 6 of the answer, the examiner lists three points by                                                          
                which appellant alleges that his invention differs from Haluska.                                                              
                We will assume for the sake of argument that the examiner is                                                                  
                correct in holding that points 1 and 3 do not patentably                                                                      
                distinguish the claims from Haluska.  Moreover, we agree with the                                                             
                examiner that, as a general proposition, it would have been                                                                   
                obvious to one of ordinary skill in the art to apply the nitrided                                                             



                         5In considering the record, we note that the features                                                                
                recited in claims 14, 18, 19 (diffusion barrier metal layer) and                                                              
                23 are not shown in the drawings, as required by 37 CFR                                                                       
                § 1.83(a).                                                                                                                    
                                                                    -5-                                                                       




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