Appeal No. 2002-1992
Application 09/206,170
skill in the art the desirability of the modification, see
Fritch, 972 F.2d at 1266, 23 USPQ2d at 1783-84, and the examiner
has not provided such an explanation.
The examiner, therefore, has not established that
Schonauer ‘769 remedies the above-discussed deficiency in the
teachings of Chen and Grieger as to the independent claims (1 and
17). Accordingly, we reverse the rejection under 35 U.S.C. § 103
of dependent claims 2, 5, 10, 15 and 16.
New ground of rejection
Claims 1, 3, 6, 10-13, 17 and 18 are rejected under the
judicially created doctrine of obvious-type double patenting over
the claims of Schonauer ‘727 as follows:
Appellants’ claim Claim of Schonauer ‘727
1 4
3 4
6 6
10 5
11 28
12 9
13 10
17 16
18 16
Claim 1: Claim 4 of Schonauer ‘727, which includes the
subject matter of claims 1-3, claims a method of manufacturing a
semiconductor device on a wafer, comprising forming a Cu or
Cu alloy interconnection pattern comprising a dense array of
spaced apart Cu or Cu alloy lines bordering an open dielectric
13
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