Ex Parte HO et al - Page 8



                    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.                                                                                                                                              
                                                                                    88                                                                                    




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