Ex parte SATO et al. - Page 6




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


                     the same Jepson-type preamble  as claim 1.  Claim 4 states    3                                                                                                   
                     that the improvement comprises effecting the deposition                                                                                                           
                     process such that the differences in thickness between a                                                                                                          
                     central portion and a peripheral portion are canceled out,                                                                                                        
                     followed by polishing.  The method of claim 5 requires an                                                                                                         
                     improvement by an additional deposition process to reshape the                                                                                                    
                     filling material deposited on the substrate by the first                                                                                                          
                     deposition process, followed by polishing.                                                                                                                        
                                Appellants’ description of the prior art is in section 2                                                                                               
                     of the specification on pages 1-5.  Appellants admit that the                                                                                                     
                     concurrent deposition and etching by bias ECR-CVD to fill                                                                                                         
                     grooves and trenches with a filler material is known (page 3,                                                                                                     
                     lines 12-17).  The concept of “lateral leveling” is also                                                                                                          
                     admitted as being well known (page 3, line 20-page 4, line 3).                                                                                                    
                     Similarly, it is known that whenever any groove or trench is                                                                                                      
                     filled with a filling material, the surface must be smoothed                                                                                                      
                     or polished (page 1, line 14-page 2, line 3).  Therefore the                                                                                                      
                     combination of lateral leveling and polishing is considered to                                                                                                    
                     be described in appellants’ admitted prior art.  As discussed                                                                                                     

                                3    See 37 CFR § 1.75(e)(1993) and Ex parte Jepson, 1917 Dec. Comm’r Pats. 62, 243                                                                    
                     Off. Gaz. Pat. Off. 525 (1917).                                                                                                                                   
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