Ex parte SATO et al. - Page 12




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



                    E. The New Ground of Rejection                                    
               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.                                             
               The method of claim 5 calls for the reshaping of the                   
          filling material by effecting an additional deposition under                
          such conditions that the ratio of deposition rate to etching                
          rate is greater at a peripheral portion than at a central                   
          portion of the substrate, with subsequent polishing.                        
               Olmer discloses a reshaping of the filling material by                 
          controlling the rate of deposition to the rate of removal so                
          as to give a minimum net deposition at the corners, i.e., more              
          filler is deposited at a peripheral portion than at a central               
          portion.  See Olmer, column 2, lines 50-52, 58-60, column 5,                
          lines 6-12, column 6, lines 9-14, and Figures 2 and 3.  Olmer               
          teaches that the reshaped surface is subsequently “planarized               
          in a known manner” (column 5, lines 62-64, and Figure 4) such               
          as by etching or grinding (column 5, line 66-column 6, line                 
          5).  As previously discussed, the polishing step of                         
          appellants’ claimed method would have been encompassed by the               

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