Ex parte KROPP et al. - Page 4




          Appeal No. 1998-1211                                                        
          Application No. 08/448,955                                                  


               We consider first the examiner's rejection of claims 4-6               
          and 15-25.  These claims require the formation of a periodic                
          sequence of homogeneous markers by periodically interrupting                
          the deposition of the material to be etched in the presence of              
          another material.  While Fujii discloses forming a gaseous                  
          adsorption layer during an interruption in forming the first                
          and second insulating layers to be etched, Fujii does not                   
          teach or suggest appellants' claimed step of periodically                   
          interrupting said plasma in the presence of at least one                    
          ambient or second material other than the material to be                    
          deposited to form a periodic sequence of homogeneous markers.               
          That is, Fujii does not teach that the plasma deposition takes              
          place in the presence of an ambient material which forms the                
          marker.  Rather, the English translation of Fujii states that               
          "[a]fter the first interlayer insulating film (11) has been                 
          formed, a [illegible] formation device is leaked by using an                
          adsorption gas" (page 7 of translation).  Also, while Flamm                 
          discloses an interrupting pulsing of the plasma during                      
          deposition, Flamm does not teach that such pulsing results in               
          the formation of an adsorption layer or marker, and the                     
          examiner has not established on this record that one of                     
                                         -4-                                          





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