Ex parte MOTONAMI et al. - Page 3




          Appeal No. 95-2320                                                          
          Application No. 08/074,517                                                  


               forming a protection film on said insulator layer so as to             
          cover surfaces of at least said interconnection layers, and                 
          expose a surface of said testing electrode.                                 
               The examiner relies on the following references:                       
          Yabu et al.         4,455,194           Jun. 19, 1984                       
          (Yabu)                                                                      
          Takayama et al.     4,536,949           Aug. 27, 1985                       
          (Takayama)                                                                  
          Fischer             4,853,758           Aug.  1, 1989                       
          Billig et al.       5,025,300           Jun. 18, 1991                       
          (Billig)                 (filed Jul. 25, 1990)                              
               Claims 7 through 11 stand rejected under 35 U.S.C. § 103 as            
          unpatentable over Fischer in view of Billig, Takayama or Yabu.              
               Rather than reiterate the arguments of appellants and the              
          examiner, reference is made to the brief and answer for the                 
          respective details thereof.                                                 
                                       OPINION                                        
                    Initially, we note, in passing, that while the                    
          examiner’s statement of rejection appears to be a rejection over            
          Fischer, as the primary reference, in view of any one of Billig,            
          Takayama or Yabu, because claim 7 includes the limitation of a              
          “testing electrode” and the examiner appears to rely only on                
          either one of Takayama or Yabu, but not Billig, for this feature,           



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