Ex Parte HO et al - Page 5



                   Appeal No. 2001-1662                                                                                                                                   
                   Application No. 09/048,208                                                                                                                             

                   beginning the barrier layer etch or complete removal of the                                                                                            
                   barrier layer before commencing the overetch.  id., page 6.                                                                                            
                   According to the examiner, this argument is unpersuasive since                                                                                         
                   these features are not claimed.  Examiner's answer, Paper No. 21,                                                                                      
                   mailed January 19, 2001, page 6.1                                                                                                                      
                             In determining the patentability of claims, the PTO gives                                                                                    
                   claim language its "broadest reasonable interpretation"                                                                                                
                   consistent with the specification and claims.  In re Morris,                                                                                           
                   127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997)                                                                                             
                   (citations omitted).  The terms of a claim are generally given                                                                                         
                   their ordinary meaning unless it appears from the specification                                                                                        
                   or file history that the inventor intended a special definition.                                                                                       
                   Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582,                                                                                             
                   39 USPQ2d 1573, 1576 (Fed. Cir. 1996).                                                                                                                 
                             Claim 1 recites a method of forming metal lines without                                                                                      
                   microloading in the fabrication of an integrated circuit and sets                                                                                      
                   forth a sequence of steps which are clearly intended to occur in                                                                                       

                             1 The examiner concedes that Abraham does not "expressly                                                                                     
                   disclose providing a semiconductor structure on or within the                                                                                          
                   semiconductor substrate and a semiconductor structure include                                                                                          
                   [sic, including] gate electrodes and source and drain regions" as                                                                                      
                   required by claim 1.  id., page 5.  However, appellants do not                                                                                         
                   dispute the examiner's position that it would have been obvious                                                                                        
                   to one of ordinary skill in the art at the time of the invention                                                                                       
                   to have modified Abraham to include these structures.  See id.                                                                                         
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