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). 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007