Ex parte SATO et al. - Page 3




                     Appeal No. 95-1009                                                                                                                                                
                     Application 07/858,632                                                                                                                                            


                     anticipated by Kaanta.   Claims 1, 2 and 4 stand rejected2                                                                                                                  
                     under 35 U.S.C.                                                                                                                                                   
                     § 103 as unpatentable over Olmer.  We affirm the stated                                                                                                           
                     rejections over Wolf, Kaanta and Olmer.  We affirm the stated                                                                                                     
                     rejection of claims 1 and 4 over the admitted prior art but                                                                                                       
                     reverse the rejection of claims 2 and 5 over the admitted                                                                                                         
                     prior art.                                                                                                                                                        
                                Pursuant to our authority under 37 CFR § 1.196(b), we                                                                                                  
                     enter a new ground of rejection of claim 5 under 35 U.S.C. §                                                                                                      
                     103 as unpatentable over Olmer.                                                                                                                                   

                                                                                  DECISION                                                                                             
                                           A. The Rejection in view of Wolf                                                                                                            
                                The method of appealed claim 1 requires, in a method                                                                                                   
                     where grooves formed in a substrate are filled up with a                                                                                                          
                     filling material deposited by a process in which etching and                                                                                                      
                     deposition are achieved concurrently, the improvement                                                                                                             
                     comprising (1) leveling of the height of portions of the                                                                                                          
                     filling material deposited on portions of the substrate other                                                                                                     

                                2    The final rejection of claim 6 under § 102(b) was over Kaanta or Lasky (U.S.                                                                      
                     Patent No. 4,735,679).  However, the examiner withdrew Lasky as being “cumulative”                                                                                
                     (answer, page 2).                                                                                                                                                 
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