Appeal No. 1996-0189 Application No. 08/054,200 Appealed claims 1-9 stand rejected under 35 U.S.C. § 103 as being unpatentable over either Wang or Lamont in view of either Armstrong or Ajika. Claims 10-14 and 17-21 stand rejected under 35 U.S.C. § 103 as being unpatentable over Wang or Lamont in view of Foell. In addition, claims 15, 16, 22 and 23 stand rejected under 35 U.S.C. § 103 as being unpatentable over either Wang or Lamont in view of Foell and further in view of Ajika or Armstrong. We have carefully considered the respective positions advanced by appellants and the examiner. In so doing, we agree with appellants that the prior art applied by the examiner fails to establish a prima facie case of obviousness for the claimed subject matter. Accordingly, we will not sustain the examiner's rejections. While Wang and Lamont, the primary references, disclose methods for producing a planar aluminum-containing layer on a substrate having hole structures by sputtering processes, the examiner recognizes that the methods of the references do not close the hole structures without filling a lower region of the structures, as required by the appealed claims. Indeed, as emphasized by appellants, it is the objective of the -3-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007