Appeal No. 1997-3769
Application 08/418,257
Patent No. 5,108,951.
The claims stand still further rejected, provisionally,
under obviousness-type double patenting over claim 15 of
copending Application Serial No. 08/418,122.2
The examiner also enters new grounds of rejection against
all of the claims in the answer but the grounds of rejection
are essentially the same ones noted supra.
Reference is made to the briefs and answers for the
respective positions of appellants and the examiner.
OPINION
Turning first to the rejection of the claims under 35
U.S.C. § 103, we will not sustain this rejection.
As argued by appellants, the independent claims all
require that aluminum is begun to be deposited on the
refractory metal layer during the temperature rising step.
Armstrong is silent as to any “refractory metal” layer.
Further, the aluminum deposited in Armstrong during a
2A decision on appeal of the claims in this application
was rendered by the Board on November 18, 1998.
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