Ex Parte MEHTA - Page 6




          Appeal No. 2000-0160                                                        
          Application 08/595,150                                                      

          indefiniteness.)  The etch stop cap layer 54 does not completely            
          cover the edge of this composite patterned metal layer because of           
          overetching, as shown in Appellant's figures 8 and 9 and                    
          described in the specification, page 10, lines 10-13.  Thus, to             
          the extent Appellant asserts that the limitation of "said                   
          contiguous etch stop cap layer covering said electrically                   
          conducting edge surfaces" in claim 19 means "completely covering            
          the edge surfaces," the limitation is misdescriptive of the                 
          disclosed invention under § 112, second paragraph.  In the                  
          obviousness rejection, we have interpreted the limitation to                
          require only covering part of the edge to avoid an indefiniteness           
          problem and to be consistent with the disclosure.  Claim 22,                
          which specifies the electrically conducting coating on metal                
          lines, does not clarify what part of the edge surface is covered            
          by the etch stop cap layer.  Claim 24 recites "not entirely                 
          removing said insulating ILD via etch stop cap layer covering               
          said edge surfaces of said electrically conducting lines," which            
          indicates that part of the edge surface may be exposed.  Thus,              
          claims 24 and 34 are not rejected under this second ground.                 
               Third, the limitation of "a second portion of said via                 














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