Appeal No. 1998-1211 Application No. 08/448,955 Flamm et al. (Flamm) 4,918,031 Apr. 17, 1990 Fujii 3-241752 Oct. 28, 1991 (Japanese Kokai patent application) The present application is a division of U.S. Application No. 08/375,138, filed January 19, 1995. The parent and instant applications are presently before us on appeal. The claims of the parent application are directed to a homogeneous marker in a deposited layer that is used to control etching of the layer, whereas the claims in the instant application are directed to a method of making a semiconductor device by the reactive ion etching of a deposited layer that contains a homogeneous marker or a plurality of same. Appealed claims 4-7, 12 and 15-27 stand rejected under 35 U.S.C. § 103 as being unpatentable over Flamm in view of Fujii. Upon careful consideration of the opposing arguments presented on appeal, we will not sustain the examiner's rejection of claims 4-6 and 15-25 under 35 U.S.C. § 103. However, we will sustain the examiner's § 103 rejection of claims 7, 12, 26 and 27. -3-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007