Ex parte NICHOLLS et al. - Page 8




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

          line 2).  We agree with the examiner's conclusion that one                  
          of ordinary skill in the semiconductor art would have been                  
          motivated to use an interconnect layer that does not overlap                
          the contacts in Haskell given the teachings in Deleonibus,                  
          for the purpose of reducing spacing between conductors.                     
          Therefore, we sustain the rejection of claims 31, 32, 35,                   
          and 36 over Haskell and Deleonibus.                                         
               Appellants argue that "[t]he present invention employs                 
          a unique, specified process which alleviates several                        
          problems encountered in practicing the existing prior art,                  
          such as Haskell" (Br12) and that because Haskell does not                   
          disclose the tungsten deposition process, "[Haskell] thereby                
          fails to resolve the existing prior art inadequacies                        
          addressed by the teachings of the present invention" (Br12).                
          The claims recite a structure, not the process for producing                
          the structure.  Appellants have not shown that the broadly                  
          claimed structure inherently resolves the prior art                         
          inadequacies no matter how the structure is manufactured.                   
               Appellants argue that "Deleonibus et al., like Haskell,                
          notes that the contact material may consist of a metal such                 
          as tungsten . . ., but likewise lacks any teaching,                         

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