Appeal No. 2001-1662 Application No. 09/048,208 lines 23-27. We note that our interpretation of claims is consistent with the specification. In particular, the figures and description thereof, indicate that the recited etching away of the metal layer to reach the barrier metal layer within the wide spaces and etching away of the barrier metal layer to reach the insulating layer are intended to refer to a complete removal of these materials within the wide spaces. See Figures 2 and 4; Specification, page 6 ("it can be seen that the metal etch end point is reached in the wide spaces 33 while in the narrow spaces 32, some of the metal layer still remains.") Page 7 ("the barrier layer is etched completely through in the wider areas 33 while some of the barrier layer remains within the narrow spaces 32."). Accordingly, we find that the examiner has failed to establish a prima facie case of obviousness. 2 The rejection is reversed. 2 2 Having concluded that a prima facie case of obviousness does not exist, we need not consider appellants' evidence of unexpected results, i.e., the declaration of Paul Ho under 37 CFR § 1.132. 88Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007