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 12Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007