Appeal No. 2000-0160 Application 08/595,150 inherent result of the process specified in claim 24 (Br8) is not persuasive because of these differences. Because claim 24 does not expressly require a silicon dioxide ILD layer, Kalnitsky is not needed. Woo teaches a silicon nitride etch stop layer which satisfies the limitation of an ILD via etch stop cap layer "made from a material which is substantially non-volatilized by silicon dioxide etchants." Woo discloses that only a portion of the vertical sidewall needs to be exposed, which meets the limitation of "not entirely removing said insulating ILD via etch stop cap layer covering said edge surfaces of said electrically conducting lines." The unexposed edge surfaces in Woo perform the function "for protecting said edge surfaces from damaging interaction with chemicals associated with subsequent process steps" just as the unexposed edge surfaces are protected in the disclosed invention. For these reasons, we conclude that claim 24 would have been obvious over Woo alone and that Appellant has failed to show error in the Examiner's rejection. The reliance on Woo alone does not create a new ground of rejection. See In re Bush, 296 F.2d 491, 496, 131 USPQ 263, 266-67 (CCPA 1961) ("the answerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007