Ex Parte MEHTA - Page 10




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


               Claims 24 and 34                                                       
               Claims 24 and 34 stand or fall together.                               
               The Examiner relies on the same reasoning for claim 24 as              
          for claim 19.  However, there are several differences between               
          claim 19 and the product manufactured by the method of claim 24.            
               Claim 24 recites "depositing an ILD dielectric [sic, the               
          term "dielectric" is redundant] layer over said insulating ILD              
          via etch stop cap layer," but does not recite that the ILD layer            
          is silicon dioxide as in claim 19.  The fact that claim 24                  
          recites an ILD via etch stop cap layer "made from a material                
          which is substantially non-volatilized by silicon dioxide                   
          etchants" does not require a silicon dioxide ILD 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 expressly indicates that a part of the             
          edge surface may be exposed, whereas we interpreted "covering" in           
          claim 19 to only require "partially covering."  Thus, the product           
          produced by claim 24 is broader in these two respects than                  
          claim 19.  Claim 24 recites the function "for protecting said               















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