Ex Parte ELLIOTT et al - Page 13



          Appeal No. 2000-0170                                                        
          Application No. 08/811,124                                                  

          metallization layer 20 to a region of lower concentration in                
          isolated contact plug 19.  However, claim 43 requires that the              
          first and second metals have substantially the same composition.            
          Thus, there is no enablement in the disclosure where the two                
          metals can have substantially the same composition and also have            
          a substantially continuous composition gradient between a first             
          metal and a second metal.                                                   
               In addition to affirming the examiner’s rejection of one or            
          more claims, this decision contains a new ground of rejection               
          pursuant to 37 CFR § 1.196(b).  37 CFR § 1.196(b) provides, A new           
          ground of rejection shall not be considered final for purposes of           
          judicial review.                                                            
               Regarding any affirmed rejection, 37 CFR § 1.197(b)                    
          provides:                                                                   
               (b) Appellant may file a single request for rehearing                  
               within two months from the date of the original                        
               decision . . . .                                                       
               37 CFR § 1.196(b) also provides that the appellant, WITHIN             
          TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of              











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