Ex Parte Foote et al - Page 4



          Appeal No. 2000-1955                                                        
          Application No. 08/857,055                                                  

          anti-reflective layer, and has furnished no evidence that one of            
          ordinary skill in the art would have considered the 3,000                   
          angstrom thick protective film of the reference an anti-                    
          reflective layer.                                                           
               In addition, the examiner has not adequately addressed                 
          appellants' argument that "[w]hereas the silicon dioxide layer in           
          Nagahisa promotes adhesion of the channel protective layer and              
          the photoresist layer, the present barrier layer performs the               
          opposite function of inhibiting chemical interaction between                
          these two layers" (page 9 of Brief, third paragraph).                       
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        

                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         PETER F. KRATZ                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         PAUL LIEBERMAN                )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     

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