Appeal No. 1998-1548 Page 9
Application No. 08/660,304
prior art so that the claimed invention is rendered obvious."
In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed.
Cir. 1992)(citing In re Gorman, 933 F.2d 982, 987, 18 USPQ2d
1885, 1888 (Fed. Cir. 1991)). Because of the diverse
teachings of the APA, Tominaga, and Oka, we find no suggestion
or teaching to form the alignment mark 36 of Figure 3 of the
APA in a recess or groove and to provide an alignment mark in
the insulating layer 22 and the TiN (ARC) layer 20, as
advanced by the examiner.
Moreover, if the alignment mark 36 of the APA, including
the deeply recessed regions 32, were replaced by the alignment
mark of Figure 3f of Tominaga, the TiN film 5 would be covered
by tungsten film 6, and not by an insulative layer as claimed.
As there would be no insulative layer on the TiN layer, there
would therefore be no way to make an alignment mark in an
insulative layer in view of the teachings of Oka, as advanced
by the examiner.
With regard to the second line of reasoning advanced by
the examiner, from our review of the record, we find no
suggestion to have provided Oka with an ARC layer under the
insulative layer as shown in Figure 3 of the APA. We do not
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