Appeal No. 1999-1792
Application No. 08/879,477
nonobviousness distinctions over the prior art.”); In re
Wiechert, 370 F.2d 927, 936, 152 USPQ 247, 254 (CCPA
1967)(“This court has uniformly followed the sound rule that
an issue raised below which is not argued in this court, even of
it has been properly brought here by reason of appeal is
regarded as abandoned and will not be considered. It is our
function as a court to decide disputed issues, not to create
them.”).
The Examiner has given two separate rejections under
35 U.S.C. § 103 over two combinations of references.
We consider the two rejections of in seriatim.
Rejection of claims 1-8, 12 and 13.
The Examiner explains the rejection of these claims
over APA, Mueller and MacNaughton in detail on pages 4
to 6 of the Examiner's answer. We agree with the Examiner
that Mueller shows a barrier layer (TiN) at 58, and
MacNaughton shows a metal deposition process at the
temperature range of 40° to 80°C, approximately, in Figure 4
and column 3, lines 28-33. MacNaughton, like Appellant, also
is concerned with the problems of having "voids" and larger
grain size particles in the making of the semiconductor
6
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