Appeal No. 1998-2046
Application No. 08/787,332
conductive layer is less than a thickness of
insulating material separating said first and third
conductive layers from each other. [Emphasis added.]
Looking at Figure 1A we clearly see said insulating layer
15, surrounding said hole 15a, having a thickness less than
the thickness of insulating material (layers 15 and 17)
separating said first (11) and third (19) conductive layers
from each other. As argued by Appellants (brief-page 5), a
narrative description of this can be found in their
specification at page 19, line 13 through page 20, line 22.
Furthermore, language similar to that recited in claim 1 can
be found in the specification at page 12, lines 4-9.
The Examiner responds (answer-page 6) that layer 17 is an
additional layer (claim 2, second layer) and contradicts
Appellants’ interpretation of claim 1. We see no
contradiction in additional layer 17 being part of the
insulating material recited in claim 1. Thus, we find the
specification met the written description requirement of 35
U.S.C. § 112, first paragraph. Accordingly, we will not
sustain the Examiner’s
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