Ex parte NICHOLLS et al. - Page 15




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

          that silicon nitride thicknesses of 400 and 500 Angstrom                    
          units may be used (col. 5, lines 7-10).  The examiner                       
          concludes that it would have been obvious to use a silicon                  
          nitride thickness of 200 to 600 Angstroms in view of the                    
          teachings of Shirai.                                                        
               Appellants argue that "Haskell, as noted above,                        
          utilizes a silicon nitride etch stop layer, but lacks any                   
          suggestion or teaching of the interlevel dielectric layer                   
          deposition and reflow, and non-overlapping layer                            
          configuration of the present invention" (Br15).  This                       
          argument is nonresponsive to the rejection.  No "interlevel                 
          dielectric layer deposition and reflow" is claimed in                       
          claim 33.  The "non-overlapping layer configuration" is                     
          taught by Deleonibus.  Appellants have not shown error in                   
          the examiner's reasoning.  Accordingly, the rejection of                    
          claim 33 is sustained.                                                      

          Claims 15 and 34: Haskell, Deleonibus, Shirai, and Sze                      
               The rejection of claim 15 has been reversed.                           
               The examiner stated that "[u]nderstanding from Sze that                
          phosphorus-doped silicon oxide is useful to planarize by                    
          reflowing, we conclude it to have been obvious for one to                   
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