Appeal No. 97-3530
Application No. 08/418,122
The claims stand still further rejected, provisionally,
under obviousness-type double patenting over claims 19 and 28
of copending Application Serial No. 08/418,257.
The examiner also enters new grounds of rejection against
all of the claims in the answer but the grounds of rejection
are essentially the same ones noted supra with slightly more
explanation.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
Turning first to the rejection of the claims under 35
U.S.C. 103, we will not sustain this rejection.
As argued by appellants, the independent claims all
require that aluminum is begun to be deposited on the barrier
layer during the temperature raising step. Armstrong is
silent as to any barrier layer. Further, the aluminum
deposited in Armstrong during a temperature raising step is
deposited on another aluminum layer which was produced during
a first step in Armstrong’s process. Since there is no
indication that this first aluminum layer may be considered
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