Appeal No. 96-2940
Application 08/259,073
Jun et al. (Jun) 5,256,587 October 26,
1993
Hsue et al. (Hsue)2 5,310,693 May
10, 1994
Wolf, S., Silicon Processing for the VLSI Era, Volume 1 -
Process Technology, Lattice Press (1986), pp. 285, 286,
290.
Claims 1-25 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Hsue, Wolf, and Jun. Wolf appears to be
relied on only for the rejection of claims 8, 22, and 25.
We refer to the Final Rejection (Paper No. 4) and the
Examiner's Answer (Paper No. 9) (pages referred to as "EA__")
for a statement of the Examiner's position and to the Brief
(Paper No. 8) (pages referred to as "Br__") for a statement of
Appellant's position.
OPINION
Claim 18 is broader than claim 1 and is taken as the
representative claim. The selection of claim 18 rather than
claim 1 does not affect the merits of the decision because the
contested limitations are present in both claims.
In the Examiner's Answer, the Examiner cites Hsue,2
U.S. Patent 5,310,693, issued May 10, 1994. After some
confusion, we discovered that the Examiner meant Hsue et al.,
U.S. Patent 5,318,921. The Examiner should be more careful in
citing the references relied on in the future.
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