Ex Parte BIERY et al - Page 10



          Appeal No. 2000-0239                                      Page 10           
          Application No. 08/839,843                                                  

          density dependent.  The aluminum segment length decreases                   
          inversely as the current density increases.  The increase in                
          wiring line resistance caused by somewhat higher resistance of              
          the diffusion barrier metal is usually less than 15 percent.”               
          Col. 5, ll. 21-26.  In view of these explanations and the                   
          remainder of the disclosure, we are not persuaded that Biery                
          would not enable one skilled in the art to make and use the                 
          claimed invention without undue experimentation.                            

               The examiner fails to show that the instant application is             
          not entitled to the benefit of Biery’s filing date.  Accordingly,           
          Li is not prior art against the instant application.  Therefore,            
          we reverse the rejection of claims 1-17 as anticipated by Li.               

                    II. Obviousness Rejection of Claims 18 and 19                     
               Rather than reiterate the positions of the examiner or                 
          appellants in toto, we address the two points of contention                 
          therebetween. First, the examiner asserts, "it would have been              










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