Ex parte FIORDALICE et al. - Page 8




          Appeal No. 1998-0178                                                        
          Application No. 08/254,854                                                  


          remains as elemental titanium even after the titanium                       
          reactions occur.  Although the via itself (the opening) may                 
          not have elemental titanium in Fujii, the “via structure”                   
          includes the sidewalls which form the opening, including the                
          sidewall formed by layer 101.  Thus, the via structure of                   
          Fujii does include a layer of elemental titanium 101 as shown               
          in the drawings.  Since claim 24 forbids such a layer of                    
          elemental titanium, claim 24 is not anticipated by the                      
          disclosure of Fujii.  Therefore, we do not sustain the                      
          rejection of claim 24 as anticipated by Fujii.  Since claims                
          26-30 all depend from claim 24, we also do not sustain the                  
          rejection of these claims as anticipated by Fujii.                          
                                                                                     














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