Ex parte GAMBINO et al. - Page 9


          Appeal No. 1999-2115                                                        
          Application No. 08/724,574                                                  


               We cannot agree for reasons analogous to those given above             
          for rejections I through III.  In particular, the examiner has              
          not explained why one of ordinary skill in the art would have               
          been led to use a reflowing step in Yu '534 when Yu '534 solves             
          the problem of planarization using selective CMP steps.                     
          Moreover, Rao is concerned with smoothing the profile of the                
          interlevel dielectric over a patterned stack following an                   
          etching step, as we discussed above.  The examiner has not                  
          pointed to any disclosure, suggestion, or motivation in the                 
          prior art teachings that would have led one of ordinary skill in            
          the art to combine the references in the manner as suggested by             
          the examiner.                                                               
               Under these circumstances, we also cannot uphold rejection             
          IV.                                                                         
               As to rejections V and VI, the examiner has relied on Tang             
          and Morimoto only for certain limitations recited in dependent              
          claims 13 and 14.  Since the examiner has not explained how                 
          these references overcome the fundamental deficiencies in the               
          proposed combination of Yu '534 and Rao, we reverse rejections V            
          and VI as well.                                                             
               In summary, the examiner's 35 U.S.C. § 103(a) rejections of            
          (i) claims 1 through 4, 6, and 8 as unpatentable over Yu '843 in            


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