Appeal No. 2001-0274
Application No. 09/136,527
should be as thin as possible in order to reduce the need for
excessively long via etches to reach aluminum alloy
layer 308, it would have been obvious to employ the thickness
range claimed. We disagree.
Claim 7 is very specific as to the rather limited range of
thicknesses for the anti-reflective coating. Moreover, at page 9
of the specification, appellants disclose that unexpected
benefits are obtained in that the anti-reflective coating
thickness can be substantially reduced with the unexpected
formation of a CVD TiN barrier layer on the appropriate portions
of the structure. Accordingly, it is not sufficient for the
examiner to rely on “obvious design choices,” without more, to
establish obviousness of the instant claimed subject matter under
35 U.S.C. 103.
We will not sustain the rejection of claim 7 under 35 U.S.C.
103.
Since we have not sustained the rejection of claim 7 under
35 U.S.C. 103, while we have sustained the rejections of claims
1-6 and 9-16 under 35 U.S.C. 102(b) and 103, the examiner’s
decision is affirmed-in-part.
-7–
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