Appeal No. 1999-0382 Application 08/436,133 Appellant argues that the groupings are proper (RBr4), but does not explain how claims 16-18, which depend on claim 8, can be logically grouped to stand or fall together with the rest of the claims of Group A which depend from claim 1. Accordingly, we find that Group A includes only claims 1-4, 6, and 7. Group A ) claims 1-4, 6, and 7 Initially, in the limitation "said third dielectric layer containing voids which allow a chemical wet etch to pass through said third dielectric layer to said second dielectric layer," we interpret "which allow a chemical wet etch to pass through said third dielectric layer to said second dielectric layer" to be like a whereby clause which indicates that voids will necessarily give this result if the area of the third dielectric layer contained voids is subjected to a wet etch. The limitation is met even if voids to do not occur at a location, such as the location of a contact via, which is actually etched. No actual chemical wet etch step is recited. The issue is whether Koyama teaches or suggests "said third dielectric layer containing voids." The Examiner finds (FR3; EA4): "As stated in the specification, 'voids' occur because of the inherent nature of the material." Appellant does not disagree. However, Appellant argues, voids do not inherently occur in every dielectric or - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007