Ex parte TARTE et al. - Page 4


                     Appeal No. 1996-3534                                                                                                                                              
                     Application 08/323,410                                                                                                                                            

                     conductive metal, wherein “means” are provided “for protecting metallic material located adjacent the                                                             
                     activated seed layer from being electroplated.”  We further find that claim 8 further limits claim 7 by                                                           
                     specifying that the “means” is “electrically insulating fillets” formed “along edge crevices of the activated                                                     
                     seed layer for insulating any exposed conductive material adjacent the perimeter regions of the activated                                                         
                     seed layer.”  Indeed, when we look to the specification for the structure, material or acts corresponding                                                         
                     to the “means” specified in claim 7, we find the structure formed from materials by acts as specified in                                                          
                     claim 8 and claims dependent on claim 8. In similar manner, claim 15 specifies an integrated circuit                                                              
                     component that includes the presence of “means for protecting conductive material located adjacent a                                                              
                     perimeter of the activated seed layer from shorting due to electroplating of the conductive metallic                                                              
                     interconnect,” which structure is disclosed in the specification to be “at least one fillet of insulating                                                         
                     material” formed from the materials specified in claim 16 and in claim 17 dependent thereon.                                                                      
                     Donaldson, 16 F.3d at 1193, 29 USPQ2d at 1848.                                                                                                                    
                                Accordingly, we have compared claims 1 through 6, as we have construed them above, with                                                                
                     Ipri and find that this reference neither describes the claimed process within the meaning of § 102(b)                                                            
                     nor renders the claimed process obvious within the meaning of § 103 because it does not describe or                                                               
                     suggest a process of selective metal deposition which includes the formation of a “seed layer.”  Indeed,                                                          
                     there is no teaching in Ipri that “second conductive layer 21” or any other layer is deposited on a “seed                                                         
                     layer” which enables selective metal deposition.  In comparing claims 7 and 15 through 17, as we have                                                             
                     construed them above, with Bernhardt, we find that this reference neither describes the claimed                                                                   
                     processes and products within the meaning of § 102(b) nor renders the claimed processes and                                                                       
                     products obvious within the meaning of § 103 because it does not describe or suggest a process in                                                                 
                     which insulating fillets are provided to obtain a product containing same.  Indeed, as described by the                                                           
                     examiner (answer, page 6), Bernhardt provides merely “space” at the “perimeter of the activated seed                                                              
                     layer.”                                                                                                                                                           
                                Accordingly, we reverse all of the grounds of rejecting advanced on appeal by the examiner.                                                            
                                Under the provisions of 37 CFR § 1.196(b) (1997), we enter a new ground of rejection of                                                                
                     claims 1 through 17 under § 103 as being unpatentable over the combined teachings of Bernhardt and                                                                


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