Ex parte CHEN et al. - Page 3




                 Appeal No. 1997-3769                                                                                                                   
                 Application 08/418,257                                                                                                                 


                          periodically interrupting said continuing step for a                                                                          
                 first time period.                                                                                                                     





                          The examiner relies on the following references:                                                                              
                 Armstrong                                             4,994,162                                    Feb. 19,                            
                 1991                                                                                                                                   
                 Wolf et al., "Aluminum Thin Films and Physical Vapor                                                                                   
                 Deposition in VLSI", Silicon Processing for the VLSI Era, pgs.                                                                         
                 332-334 and 367-374 (1986).                                                                                                            
                          In addition, the examiner relies on admitted prior art                                                                        
                 [APA] .  1                                                                                                                             
                          Claims 1, 3-11 and 18-28 stand rejected under 35 U.S.C.                                                                       
                 § 103 as unpatentable over the combination of Armstrong, APA                                                                           
                 and Wolf.                                                                                                                              
                          All of the claims also stand rejected under the doctrine                                                                      
                 of obviousness-type double patenting over claim 11 of U.S.                                                                             

                          1While the examiner indicates the admitted prior art                                                                          
                 relied upon to be that set forth at page 7, line 16 through                                                                            
                 page 8, line 2 of the instant specification, this is clearly                                                                           
                 in error as that part of the specification merely describes                                                                            
                 the drawing figures.  Apparently, the examiner is relying on                                                                           
                 the description of the prior art which appears at pages 3-5 of                                                                         
                 the instant specification.                                                                                                             
                                                                         -3-                                                                            





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