Appeal No. 2000-0239 Page 8
Application No. 08/839,843
thin layer of refractory metal lying under the high conductivity
metal) or an overlay (i.e., a thin layer of refractory metal
placed on top of the high conductivity metal), or both, underlay
and overlay.” Col. 5, ll. 11-16. In view of this disclosure, we
are not persuaded that when Biery was filed, the inventors lacked
possession of a layer of diffusion barrier metal lying under,
lying over, or lying both under and over interspersed sections of
a high conductivity metal and a diffusion barrier metal.
Second, the examiner asserts, “the disclosure of the
patented parent application fails to provide the manner and
process of making and using the ‘sublayer’ and ‘overlayer.’"
(Examiner’s Answer at 8.) The appellants argue, “one of ordinary
skill in the art could have easily constructed Figures 5-7, of
the present application from the description of underlays and
overlays in the '788 patent.” (Appeal Br. at 27.)
“To be enabling under §112, a patent must contain a
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