Ex Parte MEHTA - Page 11




          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 answer            














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