Ex parte KROPP et al. - Page 3




          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.                                                                     


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