Appeal No. 1999-2347 Application 08/892,560 23, 24, 26, 28, and 29 under § 102(e)/103 over Woo are sustained pro forma. As to the rejection of claim 22 over Woo, Butler, and Keller and the rejection of claim 27 over Woo and Stocker, Appellants argue that Woo has been overcome and the rejections relying on Woo are moot (Br23). No arguments on the merits of the rejections including Woo are presented. Because Woo is not overcome as a reference, and because no arguments on the merits have been presented, the rejections of claims 22 and 27 are sustained pro forma. 35 U.S.C. § 103(a) Claims 21, 23, 24, 26, and 28 ) Barber, Erie, Kim Claim 21 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Barber and either Erie or Kim and optionally with Woo. We do not consider the combination with Woo inasmuch as we have already sustained the rejection over Woo and because we wish to keep the rejections over Woo separate. The Examiner finds that Barber, Erie, and Kim all teach a conductive layer covered by an etch stop layer covered by a dielectric layer, where a via is created by etching the dielectric layer down to the etch stop layer and then etching the etch stop layer down to the conductive layer. The Examiner finds that Barber teaches a silicon nitride etch stop layer, but does - 16 -Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 3, 2007