Ex parte NICHOLLS et al. - Page 4




          Appeal No. 96-1848                                                          
          Application 08/161,604                                                      

               Claim 17 stands rejected under 35 U.S.C. § 103 as being                
          unpatentable over "Shirai et al. considered together with                   
          Deleonibus et al., and considered further in view of                        
          Tomozawa" (Examiner's Answer, page 7).2                                     
               We refer to the Final Rejection (Paper No. 9) and the                  
          Examiner's Answer (Paper No. 16) (pages referred to as                      
          "EA__") for a statement of the examiner's position and to                   
          the Appeal Brief (Paper No. 15) (pages referred to as                       
          "Br__") and the Reply Brief (Paper No. 27) (pages referred                  
          to as "RBr__") for a statement of appellants' arguments                     
          thereagainst.                                                               
                                      OPINION                                         
               Appellants argue that "the present invention teaches a                 
          method for fabricating a tungsten contact in a semiconductor                
          device while properly controlling the occurrence of                         
          tunnelling, encroachment of tungsten underneath the                         
          silicon/dielectric interface, consumption of the silicon and                

            Since claim 17 depends on independent claim 10, which2                                                                      
          stands rejected over Haskell and Deleonibus, the examiner's                 
          statement of the rejection is confusing.  The rejection seems               
          to indicate that Tomozawa is added for the limitations of                   
          claim 17, implying that the previous rejection (of claim 10)                
          is over Shirai and Deleonibus.  The rejection is considered to              
          be over Haskell, Deleonibus, Shirai, and Tomozawa.                          
                                        - 4 -                                         





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